Citation Nr: 22017491
Decision Date: 03/25/22	Archive Date: 03/25/22

DOCKET NO. 18-24 527
DATE: March 25, 2022

REMANDED

Entitlement to an initial rating higher than 30 percent for the service-connected posttraumatic stress disorder (PTSD) is remanded.

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

REASONS FOR REMAND

The Veteran served on active duty from July 2006 to May 2011.

The matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision.

In March 2022, the Veteran attended a virtual hearing before the undersigned Veterans Law Judge. This case is being processed under the Board's "One Touch" program to expedite resolution of the appeal, and a transcript from the hearing will be associated with the file at a later time.

1. Entitlement to an initial rating higher than 30 percent for the service-connected PTSD is remanded.

The Veteran contends that his PTSD has worsened, and it has been five years since his last examination. The Board thus finds that a remand is necessary for a new examination.

2. Entitlement to a TDIU is remanded.

During the March 2022 Board hearing, the Veteran testified that he quit his job due to anxiety. The Board thus finds that the issue of entitlement to a TDIU has been raised and takes jurisdiction over the claim. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The claim must be remanded for appropriate development and consideration by the RO.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a TDIU claim form and develop the claim as appropriate.

The Veteran should provide full employment and income information for the years 2017 to present.

2. Obtain the Veteran's updated treatment records from VA Kansas City Healthcare from October 2021 to the present, to include records from Shawnee VA clinic, if any.

3. Schedule the Veteran for a VA examination to determine the current severity of his service-connected PTSD.  

The examiner should comment on the functional impairment caused by the Veteran's service-connected PTSD. 

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Lavan

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.