Citation Nr: 21042071 Decision Date: 07/11/21 Archive Date: 07/11/21 DOCKET NO. 18-11 255 DATE: July 11, 2021 REMANDED Entitlement to an initial evaluation in excess of 30 percent for bipolar disorder (previously addressed as schizoid personality disorder) 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 May 1965 to January 1966. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision by the Department of Veterans Affairs (VA). In that decision, the agency of original jurisdiction (AOJ) granted service connection for bipolar disorder and assigned a noncompensable evaluation effective from March 26, 2004. The Veteran expressed disagreement with the evaluation assigned. In a December 2017 rating decision, the AOJ increased the evaluation for the disability to 30 percent effective from March 25, 2004, the new effective date for service connection assigned on the basis of clear and unmistakable error in the earlier decision. Because that evaluation does not represent the highest possible benefit, the issue remained in appellate status as stated above. AB v. Brown, 6 Vet. App. 35 (1993). The Board observes that the Veteran's prior representative submitted a request to withdraw the appeal in a May 2018 written statement at a time when he was the current representative; however, given the subsequent history below, the Board finds that the appeal remains active. In a September 2019 decision, the Board denied the increased evaluation claim. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In August 2020, the Court granted a Joint Motion for Remand (Joint Motion) filed by the parties that same month and remanded the case to the Board. The Veteran is now represented by the above-named accredited representative, and a VA Form 21-22a is of record. On review, the Board finds that additional development is necessary prior to final adjudication of the Veteran's claims. Specifically, it appears that there may be outstanding Social Security Administration (SSA) records, as detailed in the directives below. The Veteran was most recently provided a VA mental health examination in March 2016. The parties agreed in the Joint Motion that subsequent evidence indicated that the disability had worsened since that time. Based on the considerations raised in the Joint Motion, as well as the divergent findings in the March 2016 VA examination report and the June 2021 private evaluation report (which included a retrospective opinion covering the time period back to the date of claim), another VA examination is needed to more accurately ascertain the severity and manifestations of this disability. In addition, the Veteran has indicated that is unable to work due to the service-connected disability on appeal. See, e.g., June 2004 written statement; February 2007 and June 2021 VA Form 21-8940s; June 2021 SSA earnings record statement printout. Therefore, the AOJ should develop the issue of entitlement to TDIU. The case is REMANDED for the following actions: 1. Obtain a copy of any decision to grant or deny SSA disability benefits to the Veteran and the records upon which that decision was based and associate them with the claims file. See September 2013 VA treatment record (Veteran reported being in receipt of those benefits). If the search for such records has negative results, that fact should be properly documented in the claims file. 2. After completing the foregoing development, schedule the Veteran for VA examination to ascertain the current severity and manifestations of his service-connected bipolar disorder. Any studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file. The examiner should report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria and discuss the level of social and occupational impairment attributable to the disability. In so doing, he or she should consider the findings in the March 2007, May 2010, and March 2016 VA examination reports and the June 2021 private evaluation report, in addition to the mental health treatment documented in the VA treatment records. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. 3. Consider whether the Veteran is entitled to TDIU based on impairment attributable to his service-connected disability in accordance with Rice v. Shinseki, 22 Vet. App. 447 (2009), including development of the Veteran's employment history. See, e.g., June 2004 written statement; February 2007 and June 2021 VA Form 21-8940s; June 2021 SSA earning records statement printout. DUSTIN L. WARE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Postek, 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.