Citation Nr: 23059167
Decision Date: 11/02/23	Archive Date: 11/02/23

DOCKET NO. 19-04 665
DATE: November 2, 2023

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from December 1966 to November 1969.

This matter comes before the Board of Veterans' Appeals (Board) from an August 2017 rating decision of a Department of Veteran Affairs (VA) Regional Office (RO). 

This issue was previously remanded by the Board in January 2023 so the RO could obtain all outstanding treatment records and schedule the Veteran for a VA examination to determine the current severity of the Veteran's posttraumatic stress disorder (PTSD) symptoms.  

Following remand, the RO made two attempts to schedule a VA examination.  The Veteran did not present for either of these examinations.  

The RO continued denial of the claim in a September 2023 supplemental statement of the case, and it is now again before the Board.

The Board finds that the Veteran has shown good cause for his failure to report to the examinations.  In September 2023, the Veteran submitted a VA Form 21-4138 Statement in Support of Claim, where he reported that he missed the exams because he was sick in the hospital and could not find transportation. The Board finds that the Veteran's hospitalization is good cause for failing to appear for an examination. 

Further, the Board cannot make a fully informed decision on the issue of individual unemployability because the record suggests the Veteran's PTSD symptoms have worsened since his last VA examination in March 2017. See January 2021 treatment note.  Thus, with good cause shown, the Veteran should be afforded a new examination.

The matters are REMANDED for the following action:

1. Obtain the Veteran's VA medical records for treatment since July 2023.

2. Schedule the Veteran for an examination to determine the current severity of his service-connected PTSD.  

It appears the Veteran has transportation difficulties and is wheelchair-bound, so a telehealth visit could be done if the assigned examiner feels it is appropriate.

To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected PTSD alone. In doing so, the examiner should address (a) the April 2018 treatment record in which a VA staff physician stated, "I tend to agree" with the Veteran's statement that he is unable to work secondary to his many illnesses; and (b) a March 2021 progress note from Dr. W.W. of the Georgia Cancer Specialists who noted that the Veteran's PTSD was "not in good control" and the Veteran is having trouble functioning.

 

 

MICHELLE L. KANE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Dorsey, J.T.

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.