Citation Nr: 22005683
Decision Date: 02/02/22	Archive Date: 02/02/22

DOCKET NO. 16-15 820A
DATE: February 2, 2022

REMANDED

Entitlement to a rating in excess of 70 percent for Posttraumatic Stress Disorder (PTSD) is remanded.

Entitlement to a total disability rating based upon individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1968 to April 1970.  This matter came before the Board of Veterans Appeals (Board) on appeal from a July 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).  

The Board notes that the Veteran submitted a VA Form 9 in April 2016 requesting a Board hearing by videoconference.  In December 2021, the Veteran's representative submitted a statement withdrawing the hearing request and submitted an appellate brief with the Veteran's argument.

1. Entitlement to a rating in excess of 70 percent for Posttraumatic Stress Disorder (PTSD)

The Veteran's most recent VA examination for his PTSD occurred in January 2016. In an October 2018 appellant brief, the Veteran's representative argued that the Veteran's disability had "continued to deteriorate" due to his family's illnesses, specifically noting increased suicidal thoughts.  Because it has been more than 6 years since the last VA examinations and the Veteran has reported that the disability has worsened, contemporaneous examinations are required to assess the current severity of his service-connected disabilities.  See Green v. Derwinski, 1 Vet. App. 121 (1991); see also Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

Evidence indicates that there may be outstanding relevant VA treatment records.  VA treatment records from September 2018 indicate that the Veteran is receiving continuing VA treatment for the disability on appeal at the VA Hilo Clinic in Honolulu, Hawaii.  Any VA treatment records are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  A remand is required to allow VA to obtain them.  

2. Entitlement to a total disability rating based upon individual unemployability (TDIU)

The Board notes that a VA psychological examination has been ordered above as part of the required development for the issue of entitlement to an increased rating in excess of 70 percent for PTSD.  As that examination is likely to produce information relevant to the issue of entitlement to TDIU, this issue must also be remanded.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (two issues are "inextricably intertwined" when the adjudication of one issue could have "significant impact" on the other issue).

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA treatment records for the period from September 2018 to the present.

2. After the development in (1), schedule the Veteran for an examination 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.

3. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Bock

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.