Citation Nr: 21041548 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 14-07 995 DATE: July 9, 2021 REMANDED Entitlement to a higher initial rating for service-connected mood disorder not otherwise specified (NOS), rated 30 percent disabling prior to October 9, 2013, and 70 percent disabling from that date, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to October 9, 2013 is remanded. REFERRED The issue of service connection for substance abuse secondary to service-connected mood disorder NOS was raised in a December 2011 statement and is referred to the Agency of Original Jurisdiction (AOJ) for adjudication. See also February 2014 written brief from the Veteran's former representative. REASONS FOR REMAND The Veteran had active service from June 1971 to May 1972. This case comes to the Board of Veterans' Appeals (Board) on appeal from decisions of an Agency of Original Jurisdiction (AOJ). In a February 2013 rating decision, the AOJ granted service connection and a 30 percent rating for mood disorder NOS, effective June 29, 2007; the Veteran appealed for a higher rating. In a February 2014 rating decision, the AOJ granted a higher 70 percent rating for mood disorder NOS, and granted entitlement to a TDIU, each effective October 9, 2013. The Veteran initially requested a Board hearing, but by a statement dated in April 2018, he withdrew his hearing request. In an October 2018 written brief, the Veteran's representative contended that the Veteran withdrew his hearing request without the assistance of his representative. Another Board hearing was scheduled in January 2020, but the Veteran again cancelled the hearing. Written argument was received from the Veteran's representative in June 2021. A request for a TDIU, whether expressly raised by a claimant or reasonably raised by the record, is an attempt to obtain an appropriate rating for disability or disabilities, and is part of the claim for an increased rating for the service-connected disabilities listed above. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board finds that a TDIU claim is part of the appeal for a higher initial rating for service-connected mood disorder NOS. Although an increased rating was granted for service-connected mood disorder NOS during the pendency of the appeal, since this increase did not constitute a full grant of the benefits sought throughout the rating period on appeal, the issue of entitlement to a rating higher than 30 percent prior to October 9, 2013 remains in appellate status. See AB v. Brown, 6 Vet. App. 35, 39 (1993). The claim for an earlier effective date prior to October 9, 2013 for a 30 percent rating for mood disorder NOS is entirely overlapping with the appeal for an increased rating greater than 30 percent prior to October 9, 2013, and adjudication of the increased rating appeal and the TDIU appeal will encompass all effective date concerns. 1. Entitlement to a higher initial rating for service-connected mood disorder is remanded. 2. Entitlement to a TDIU prior to October 9, 2013 is remanded. This case comes to the Board from the Veteran's June 2007 claim for service connection for an acquired psychiatric disorder. At that time, he asserted that his current psychiatric disorders prevented him from working. The Veteran's service-connected mood disorder NOS was evaluated in VA compensation examinations on August 1, 2012 and October 9, 2013. The most recent VA outpatient treatment records of treatment or evaluation of the service-connected mood disorder NOS are dated in April 2015. In an October 2018 written brief, the Veteran's representative raised the issue of the Veteran's competency. As the record does not contain sufficient evidence to rate the service-connected mood disorder NOS, the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of this disorder. The examiner should also be asked to provide a retrospective medical opinion as to the severity of the Veteran's mood disorder NOS during the period from June 2007 to August 2012. Evidence indicates that there may be outstanding relevant VA treatment records. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issue on appeal. Updated VA medical records should be obtained. The issue of entitlement to a TDIU prior to October 9, 2013 is inextricably intertwined with the issue of entitlement to a higher initial rating for mood disorder NOS prior to that date. Finally, the evidence is conflicting as to when the Veteran stopped working. In his 21-Veteran's Application for Increased Compensation Based on Unemployability (VA Form 21-8940), the Veteran stated that he last worked full-time in 2002, and became too disabled to work in 2006/2007. He listed prior employment during the period from 1992 to 2002. Records from the Social Security Administration (SSA) reflect that he reported working at a "steel mill railroad" for ten years, then at Heinz foods, and stopped working in 2004. At the August 2012 VA examination, he reported that he stopped working in about 2006/2007. At the October 2013 VA examination, he reported that he last worked for Heinz in 2002, and then did odd jobs until 2007. The Veteran should be asked to complete another VA Form 21-8940. The matters are REMANDED for the following action: 1. Ask the Veteran to complete another VA Form 21-8940. 2. Obtain the Veteran's VA treatment records for the period from April 2015 to the present. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected mood disorder NOS. 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 service-connected mood disorder NOS alone. If possible, the examiner is asked to provide a retrospective medical opinion regarding the severity of the Veteran's service-connected mood disorder NOS during the period from June 2007 to August 1, 2012, the date of his first VA examination. (Continued on the next page) If it is not possible to provide the requested opinion(s) without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). SONJA S. AN Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. L. Wasser, 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.