Citation Nr: 22016101
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 18-46 346
DATE: March 21, 2022

REMANDED

Entitlement to an evaluation in excess of 50 percent for posttraumatic stress disorder (PTSD) with unspecified anxiety disorder is remanded.

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

REASONS FOR REMAND

The Veteran had active duty service from September 1987 to February 1997.

This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision dated August 2017 issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran timely appealed.

The appellant testified at an October 2021 video hearing with the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file.

1. Entitlement to an evaluation in excess of 50 percent for PTSD with unspecified anxiety disorder is remanded.

The Veteran was most recently afforded a VA examination for her PTSD in October 2020. During her hearing, the Veteran asserted that the October 2020 examination was inaccurate. She noted that the examination was rushed and that the examiner did not give her an opportunity to address her issues. She stated that the examination lasted 30 minutes maximum. She did not feel like she had the opportunity to explain her situation and symptoms.

Furthermore, in the October 2021 hearing, the Veteran asserted that her service-connected PTSD had worsened since the October 2020 examination. In view of this evidence of worsening of the Veteran's service-connected disability since the last VA examination to assess such, VA is required to afford the Veteran a contemporaneous VA examination to assess the current nature, extent, and severity of her PTSD with unspecified anxiety disorder. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

2. Entitlement to a TDIU is remanded.

The Veteran raised the issue of TDIU in a claim dated October 2, 2015. Therefore, a derivative claim of entitlement to a TDIU has been raised as part and parcel of her claim for entitlement to an evaluation in excess of 50 percent for PTSD with unspecified anxiety disorder. See Rice v. Shinseki, 22 Vet. App. 447 (2011).

Because a decision on the remanded issue of entitlement to an evaluation in excess of 50 percent for PTSD with unspecified anxiety disorder could significantly impact a decision on the issue of entitlement to a TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to a TDIU is required.

Accordingly, the matters are REMANDED for the following action:

1. Schedule the Veteran for a psychiatric examination by an appropriate clinician other than the October 2020 examiner. The new examiner should provide a full description of the service-connected PTSD with unspecified anxiety disorder and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria.

2. After the above development has been completed, readjudicate the inextricably intertwined issue of entitlement to a TDIU. 

 

LAURA E. COLLINS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Minock

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.