Citation Nr: 22017665 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 19-11 203A DATE: March 25, 2022 REMANDED Entitlement to an initial evaluation in excess of 30 percent for other specified trauma and stressor related disorder, posttraumatic stress disorder (PTSD) and gambling disorder is remanded. Entitlement to total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1964 to November 1967. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision from a Regional Office (RO) for the Department of Veterans Affairs (VA). 1. Entitlement to an initial evaluation in excess of 30 percent for other specified trauma and stressor related disorder, posttraumatic stress disorder (PTSD) and gambling disorder is remanded. Unfortunately, the Veteran's increased rating claim must be remanded for further development. Although the Board sincerely regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide the Veteran's claims so that he is afforded every possible consideration. In July 2017, the AOJ awarded service connection for other specified trauma and stressor related disorder with gambling disorder and granted a 30 percent rating. The Veteran's most recent psychological report on record is from November 2020. He alleges that the symptoms of his psychiatric disability warrant an increased rating, and that they impact his ability to maintain gainful employment. In January 2021, the agency of original jurisdiction (AOJ) granted service connection for PTSD and included it with the 30 percent rating for his service-connected psychiatric disability. The record contains several VA psychiatric examinations with conflicting findings. Additionally, there is an indication that the disability on appeal may have increased in severity. Accordingly, the Board finds it necessary to remand the claim for a contemporaneous examination to ensure that VA meets its duty to assist. 38 C.F.R. § 3.159 (c)(4)(i); see Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). 2. Entitlement to total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. The Veteran has raised the issue of unemployability due to his service-connected psychiatric disability in an April 2018 correspondence. The Veteran stated that he is has not been able to work full time since December 2015 and worked as a part time teacher until 2017. The Court held in Rice v. Shinseki, 22 Vet. App. 447 (2009), that a claim of entitlement to a TDIU is part of an increased rating claim when such claim is raised by the record. Pursuant to Rice, the issue of entitlement to a TDIU is currently before the Board since the issue of unemployability is raised by the record. The severity of the Veteran's service-connected disability, his employment history, and his education and training having a bearing on the matter and must be developed and considered. Moreover, because a decision on the claim being remanded herein may affect the claim for entitlement to a TDIU, consideration of a TDIU must therefore be deferred until the intertwined issue is resolved or prepared for appellate consideration. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Obtain the Veteran's outstanding psychiatric treatment records and associate them with his file. 2. Then, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected other specified trauma and stressor related disorder, posttraumatic stress disorder (PTSD) and gambling disorder. The claims file must be made available to and reviewed by the examiner. The examination report should include a discussion of the Veteran's psychiatric history and his reported symptoms. The examination report should report the severity of the Veteran's psychiatric disability in terms conforming to the applicable rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. The examiner should elicit from the Veteran his complete educational, vocational, and employment history and should note his complaints regarding the impact of his service-connected psychiatric disability on employment. The examiner should identify all limitations or functional impairment caused solely by his service-connected psychiatric disability. (Continued on the next page) The examiner should provide the rationale for all opinions expressed. 3. Send the Veteran a VCAA notice for a TDIU and any related development (such as a VA Form 21-8940). Rebecca N. Poulson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Romero 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.