Citation Nr: 24006152 Decision Date: 02/03/24 Archive Date: 02/03/24 DOCKET NO. 20-28 235 DATE: February 3, 2024 REMANDED Entitlement to an increased rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded. Entitlement to total disability based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1967 to February 1969 in the United States Army. Unfortunately, the Veteran passed away in October 2018. His surviving spouse was substituted as the Appellant. See May 2020 Appeal Notification Letter. These claims come before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision by a Department of Veterans Affairs (VA) regional office (RO). In a June 2020 VA Form 9, the Appellant stated that the Veteran had been unable to work for almost two years because his anxiety was so high, he was afraid to leave the house. The Board finds that such statement reasonably raises a claim for a total disability rating due to the Veteran's service-connected psychiatric disability (TDIU). See Rice v. Shinseki, 22 Vet. App. 447 (2009). 1. Entitlement to an increased rating in excess of 70 percent for posttraumatic stress disorder (PTSD) is remanded. The Appellant is currently seeking an increased rating for the Veteran's PTSD. See June 2020 VA Form 9. Historically, the Veteran was rated at 70 percent for his PTSD since April 2010. He filed a claim for an increased rating in July 2017. The Board finds that remand is required before the claim can be adjudicated. Specifically, the Veteran was in hospice care, and only some of those hospice records from Compass Hospice Dallas are in the claims file. The Appellant contended that the Veteran's hospice records show that he should be in receipt of a 100 percent rating. Id. Additionally, the Veteran was under the care of a non-VA primary care provider, and records from that primary care provider are not in the claims file. On remand, the records for the Veteran's hospice care and the records from his primary care provider must be requested. 2. Entitlement to total disability based on individual unemployability (TDIU) is remanded. The Appellant stated that, due to the Veteran's high anxiety level, he was unable to work for nearly two years. Id. The Board finds that such statement reasonably raises a claim for a total disability rating due to the Veteran's service-connected psychiatric disability (TDIU). See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board notes that the Appellant has not been sent notice for the Veteran's TDIU claim, the Appellant has not completed a TDIU form, and the issue has not been addressed by the RO. Therefore, on remand, the RO should comply with the duties to notify and assist in connection with the Veteran's TDIU claim. Additionally, the issue of entitlement to a TDIU may be affected by the outcome of the higher initial evaluation claims for the Veteran's service-connected PTSD. Thus, it would be premature to adjudicate the TDIU claim until the higher initial evaluation claims have been considered. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). For the foregoing reasons, the Board finds that adjudication of the Veteran's claim for a TDIU would be premature and must be deferred until further development is completed. The matters are REMANDED for the following actions: 1. Ask the Appellant to complete a VA Form 21-4142 for the Veteran's primary care provider. Make two requests for the authorized records from the Veteran's primary care provide unless it is clear after the first request that a second request would be futile. In the alternative, the Appellant should be advised that she can obtain and submit these records. 2. Ask the Appellant to complete a VA Form 21-4142 for Compass Hospice Dallas. Make two requests for the authorized records from Compass Hospice Dallas unless it is clear after the first request that a second request would be futile. In the alternative, the Appellant should be advised that she can obtain and submit these records. 3. Provide the Appellant appropriate notice in connection with the claim for TDIU. The Appellant should be requested to complete and submit an Application for Increased Compensation based on Unemployability (VA Form 21-8940) based on the Veteran's employment history, and the RO should undertake all further appropriate actions for development of this claim. 4. After ensuring the above development has been completed, readjudicate the issues on appeal. If the benefits sought on appeal are not granted to the Appellant's satisfaction, send the Appellant and her representative a supplemental statement of the case and provide an opportunity to respond. Then, return the case to the Board for further appellate review. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Eisenberg 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.