Citation Nr: 21040856 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 18-39 124 DATE: July 7, 2021 REMANDED Entitlement to an increased rating for posttraumatic stress disorder (PTSD), currently rated as 70 percent disabling, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1964 to September 1968. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA) which increased the Veteran's rating for PTSD from 30 percent to 70 percent effective March 17, 2017. In the Veteran's July 2018 substantive appeal, he raised the issue of entitlement to a TDIU. The Court of Appeals for Veterans Claims held that a request for a TDIU, whether expressly raised by the Veteran or reasonably raised by the record, is not a separate 'claim' for benefits, but rather, can be part of a claim for increased compensation. Rice v. Shinseki, 22 Vet. App. 447, 453-54 (2009). In other words, if the claimant or the evidence of record reasonably raises the question of whether the Veteran is unemployable due to a disability for which an increased rating is sought, then part and parcel with the increased rating claim is the issue whether a TDIU is warranted as a result of that disability. Id. As such, the Board has added the issue of entitlement to a TDIU rating. In September 2020, the Veteran requested a Higher Level Review of his TDIU claim. In a January 2021 correspondence, the RO informed the Veteran that his TDIU claim arose as secondary to his PTSD claim, and that the TDIU claim would be addressed under the legacy appeal process. Entitlement to an increased rating for PTSD, currently rated as 70 percent disabling, is remanded. The Veteran's most recent VA examination took place more than three years ago (March 2018). Although a new examination is not required simply because of the time which has passed since the last examination, a new examination is appropriate to assess the current level of impairment when there is evidence that the disability may have worsened since the last examination. Snuffer v. Gober, 10 Vet. App. 400, 402-03 (1997). In this case, the Veteran testified that his symptoms are essentially the same as in 2017. However, he also testified that suffers from audio and visual hallucinations "quite often." These symptoms are enumerated under the 100 percent criteria for psychiatric disabilities. The reported symptoms are substantiated by treatment records dated September 2019 and December 2019. These symptoms are not noted in the March 2018 VA examination report. Additionally, newly submitted treatment records reflect that the Veteran wished himself dead, although he denied suicidal ideation. Finally, the Veteran submitted a January 2020 psychological evaluation report in which the examiner found the Veteran to be "totally psychologically disabled." Given the amount of evidence that has been received since the Veteran's most recent examination, and the indications that the veteran's PTSD has increased in severity since his most recent examination, the Board finds that a new VA examination is warranted to determine the current severity of the Veteran's disability. Entitlement to a TDIU is remanded. The Veteran's claim for a TDIU is inextricably intertwined with the issue of whether an increased rating is warranted for his service-connected PTSD, which is being remanded. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his PTSD alone. The examiner should attempt to reconcile his/her findings with the findings and opinions expressed in the January 2020 psychological evaluation report from Dr. D.P.D. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Prem, Counsel The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.