Citation Nr: 22014170
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 13-09 518
DATE: March 11, 2022

REMANDED

1. Entitlement to an initial rating in excess of 30 percent prior to December 15, 2011, and in excess of 50 percent thereafter for service-connected post-traumatic stress disorder (PTSD) is remanded.

2. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1968 to January 1972. 

This case is before the Board of Veterans' Appeals (Board) on appeal from December 2010 and December 2016 rating decisions from the Department of Veterans Affairs (VA) Regional Office (RO). 

In March 2016, the Veteran testified at a Board videoconference hearing before the undersigned Veterans Law Judge. The transcript has been associated with the claims file.

These matters were before the Board in August 2018, at which time both issues were denied. The Veteran appealed the Board's decision to the Court of Appeals for Veterans Claims (Court). The Court vacated the Board's decision and issued a December 2019 Memorandum Decision for reconsideration of the Veteran's claim.

1. Entitlement to an initial rating in excess of 30 percent prior to December 15, 2011, and in excess of 50 percent thereafter for service-connected PTSD is remanded.

In a September 2020 private psychological examination report, Dr. M.C. indicated that the Veteran's PTSD had worsened in severity since his previous examination. Specifically, he noted that the Veteran reported thoughts of violence directed at himself and others, periods of recklessness, increasing periods of isolation, and the deterioration of relationships with his immediate family. 

Based on the private opinion which suggests worsening symptomatology, the additional medical evidence of record, and the fact that the Veteran's last VA examination related to his PTSD took place in October 2016, the Board finds that he should be afforded another VA examination to determine the current severity of his service-connected PTSD. 

2. The issue of entitlement to a TDIU is remanded.

The appeal regarding a TDIU is inextricably intertwined with the pending increased rating claim that has been remanded for further development. Thus, the Board must defer adjudication of the claim on appeal pending the adjudication of the inextricably intertwined claim. Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

1. The Veteran should be given an opportunity to identify any outstanding private or VA treatment records relevant to his claims. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained. 

2.  Schedule the Veteran for a VA examination by a qualified clinician to determine the severity and extent of his service-connected PTSD. 

All indicated tests and studies should be accomplished and all clinical findings should be reported in detail. A complete rationale for all opinions expressed should be provided. The examiner must address the findings noted in the September 2020 private medical opinion. 

The examiner is also specifically asked to address the functional and occupational effect of the Veteran's PTSD. 

 

 

MICHAEL KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Erin J. Trojanowski, 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.