Citation Nr: 21042616
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 17-26 175
DATE: July 13, 2021

REMANDED

A rating higher than 30 percent for anxiety disorder.  

A total disability rating based upon individual unemployability (TDIU).  

 

REASONS FOR REMAND

The Veteran served on active duty from October 2008 to March 2012.  

The case is on appeal from an April 2016 rating decision.  

In July 2021, the Veteran testified at a Board hearing.

1. A rating higher than 30 percent for anxiety disorder.

By an August 2016 rating decision, a temporary 100 percent rating was assigned for anxiety disorder under 38 C.F.R. § 4.29, effective from June 7, 2016 to August 1, 2016, and a 30 percent rating was assigned thereafter.

At the July 2021 Board hearing, the Veteran stated that his psychiatric symptoms have increased in severity, noting panic attacks and sleep difficulty.  As there is an indication that the Veteran's psychiatric symptoms are worse, a new VA examination is warranted.  See Snuffer v. Gober, 10 Vet. App. 400 (1997) (noting that a Veteran is entitled to a new VA examination where there is evidence that the condition has worsened since the last examination).

On remand, the RO will have an opportunity to consider the additional evidence associated with the claims file since the issuance of the most recent November 2017 supplemental statement of the case (SSOC), including a September 2019 private evaluation report reflecting that the Veteran has urges to hurt others and/or break and smash things resulting social and occupational dysfunction.  

2. A TDIU.  

The record raises a TDIU as part and parcel of the Veteran's increased rating claim on appeal.  See Rice v. Shinseki, 22 Vet. App. 447 (2009); see also July 2021 Board hearing testimony.  As such, the issue is reflected on the title page.  As a decision on the increased rating claim could significantly impact a decision with respect to a TDIU, the issues are inextricably intertwined.  Thus, the issue will also be remaned.

In light of the Veteran's assertions and the evidence, while on remand, the Veteran should be afforded an opportunity to complete an updated VA Form 21-8940 Veteran's Application for Increased Compensation Based on Unemployability.  See July 2021 Board hearing testimony.

In view of the remand, outstanding VA treatment records should be associated with the claims file.

The matters are REMANDED for the following action:

1. Obtain outstanding VA treatment records.  

2. Provide the Veteran with the TDIU application, VA Form 21-8940, and ask him to complete and return it.  

3. Schedule the Veteran for an examination (or telehealth interview, records request, etc. if an in-person examination is not feasible) by an appropriate clinician to assess the severity of the service-connected anxiety disorder.  

 

 

RYAN T. KESSEL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Taylor

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.