Citation Nr: 22010294 Decision Date: 02/23/22 Archive Date: 02/23/22 DOCKET NO. 18-28 171 DATE: February 23, 2022 REMANDED Entitlement to an increased rating in excess of 50 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2006 to January 2007 and May 2009 to May 2010. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2018 rating decision by the Department of Veterans Affairs (VA). In October 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. The Veteran asserted that his service-connected PTSD has prevented him from working during the appeal period. See October 2021 Board hearing. Because a TDIU rating is inherent in any claim for an increased rating, see Rice v. Shinseki, 22 Vet. App. 447 (2009), it has been added as an issue. 1. Entitlement to an increased rating in excess of 50 percent for PTSD. The appeal period for this matter begins in November 2017. April 2016 and April 2020 VA examiners diagnosed both service-connected PTSD and a non-service-connected unspecified psychotic disorder. Both examiners opined it was possible to differentiate the symptoms between the two disorders. A December 2017 VA examiner diagnosed PTSD and stated that an additional diagnosis was deferred; however, the examiner also stated that the Veteran did not have more than one mental disorder. Finally, the Veteran submitted a December 2021 private psychological assessment wherein he was diagnosed with PTSD, but the psychologist did not discuss the prior diagnoses of unspecified psychotic disorder. In light of the conflicting reports regarding whether the Veteran has a separate non-service-connected psychological disorder with symptoms that can be differentiated from his PTSD, remand is necessary for an opinion with an adequate rationale. 2. Entitlement to TDIU. The Veteran should be provided the opportunity to complete a VA Form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, and provide any additional evidence relating to his inability to work during the appeal period. The matters are REMANDED for the following action: 1. The AOJ should obtain copies of VA treatment records from May 2020 to the present. 2. After the development in the first directive is completed, the AOJ should arrange for an examination of the Veteran to assess the current severity of his service-connected PTSD. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner should provide a full description of the disability and report all signs and symptoms associated with the Veteran's disability. In addition, the examiner is requested to respond to the following: Does the Veteran have a separate non-service-connected psychological disorder with symptoms that can be differentiated from his PTSD symptoms? Please explain why. The examiner must discuss the conflicting diagnoses in the April 2016, December 2017, and April 2020 VA examinations and the December 2021 private psychological assessment. 3. The AOJ should provide the Veteran appropriate notice of VA's duties to notify and assist regarding how to substantiate a claim for entitlement to TDIU, to include providing him a VA Form 21-8940. The Veteran should assist in the matter by providing the requested information. 4. If upon completion of the above action the issues remain 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 J. Sandler, 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.