Citation Nr: 22014652 Decision Date: 03/14/22 Archive Date: 03/14/22 DOCKET NO. 17-29 242 DATE: March 14, 2022 REMANDED The issue of entitlement to a TDIU for the period prior to February 16, 2012, to include on an extraschedular basis, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1965 to June 1968. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded this appeal in February 2019. Then, in September 2021, the Board granted entitlement to a TDIU for the period from February 16, 2012, and remanded the issue of entitlement to a TDIU for the period prior to February 16, 2012. Unfortunately, the Board finds that further remand of the issue of entitlement to a TDIU for the period prior to February 16, 2012, is necessary for a VA opinion. In this regard, the evidence suggests that the Veteran did not work from 1998 on due, at least in large part, to substance abuse issues. And, while the Veteran has been service-connected for PTSD and reported self-medicating with alcohol and drugs, he has not been service-connected for any substance abuse disorder secondary to PTSD. There are also conflicting opinions as to whether the symptoms of any substance use disorder can be distinguished from PTSD. See February 2012 and February 2015 VA PTSD Examination Reports. Thus, the Board finds that an opinion is necessary regarding whether the Veteran has a substance use disorder that is part of, caused by, or aggravated by his service-connected PTSD. Additionally, the Board finds that clarification is needed as to the Veteran's work history. He has variously reported that he stopped working around 1996, 1997, or 1998, including on his initial TDIU application and during August 2008 VA treatment. However, an October 1996 VA treatment note indicates that the Veteran had not had full time employment in over two years; a January 2000 VA examination report indicated the Veteran last worked full-time in 1999 as a heavy equipment operator; and, a March 2002 VA treatment note indicated the Veteran had been unemployed for 6-7 months. Then, in his March 2012 substantive appeal, the Veteran reported that he last worked in 2008. The Board also points out that a May 2002 psychiatric examiner found that the Veteran had provided inconsistent work histories, reporting to the examiner that he had worked many different places and was unable to hold a job post service, but during a prior psychiatric examination reported that he worked for 21 years in accounting with a computer company. Given the foregoing, the Veteran should clarify his work history prior to February 2012. Finally, any outstanding treatment records should be obtained. In ordering a remand in the instant case, the Board is not making a preliminary formal finding as to the credibility of the Veteran's lay reports. Rather, the Board is merely requesting that the examiner on remand consider the Veteran's own descriptions of his substance abuse and work histories. See Smith v. Wilkie, 32 Vet. App. 332, 338-39 (2020). The matter is REMANDED for the following action: 1. Request from the Veteran clarification of his employment history, noting his March 2012 report that he last worked in 2008. 2. Ask that the Veteran identify any treatment facilities that have treated him for any substance abuse disorder(s). Obtain any pertinent records and associate them with the claims file. 3. Obtain all pertinent outstanding VA treatment records and associate with the claims file, to include any outstanding records from VA substance abuse treatment received at VA facilities in Dublin and Atlanta, Georgia, Tuskegee, Alabama, and any other facility identified by the Veteran. 4. Then, obtain a VA medical opinion regarding the nature and etiology of the Veteran's substance abuse disorder(s). Whether a physical examination of the Veteran necessary is left to the discretion of the examiner. After a thorough review of the claims file, the examiner should respond to the following: (a) Provide a medical opinion as to whether the substance abuse disorder(s) were proximately caused by the Veteran's service-connected PTSD. (b) Provide a medical opinion as to whether the substance abuse disorder(s) were aggravated by the Veteran's service-connected PTSD. In providing the foregoing opinions, please consider the Veteran's: December 1989 report that he did not begin drinking heavily until returning from Vietnam; October 1997 report that he began having nightmares following his tour in Vietnam and used cocaine and alcohol to "ease the pain;" and October 2001 report that he used drugs and alcohol to self-medicate. *Note: while substance abuse cannot be service connected as a primary disease, it may be connected if secondary to a service-connected disease, such as the Veteran's PTSD. S. C. Krembs Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Fagan 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.