Citation Nr: 25003604 Decision Date: 03/14/25 Archive Date: 03/14/25 DOCKET NO. 20-17 744 DATE: March 14, 2025 REMANDED Entitlement to an initial increased disability rating in excess of 30 percent for panic disorder is remanded. Entitlement to total disability for individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 2008 to August 2010. The Veteran appeals a December 2016 rating decision issued by the Agency of Original Jurisdiction (AOJ) which granted service connection for panic disorder (also claimed as anxiety) and assigned a 30 percent rating effective July 11, 2016. Most recently, the Board of Veterans' Appeals (Board) issued a decision in December 2023 denying an initial disability rating in excess of 30 percent for panic disorder and remanded the issue of TDIU. The Veteran appealed the Board decision to the United States Court of Appeals for Veterans Claims (Court), which issued a Joint Motion for Partial Remand (JMPR) in October 2024, that vacated the denial of the increased rating for panic disorder. With regard to the issue of entitlement to a TDUI which was remanded by the Board, in an October 11, 2024, Supplemental Statement of the Case, the Agency of Original Jurisdiction continued its pervious denial. That matter is back before the Board. 1. Panic Disorder The Veteran was last afforded a VA examination in July 2020. The Veteran provided a statement in January 2025 that describes symptoms which reflect that the severity of his condition has worsened since he was last examined. The Veteran also states he is unable to maintain employment since 2021 due to his panic disorder. Accordingly, the Board finds that because the record indicates a possible worsening of the Veteran's condition since the July 2020 VA examination, a new examination is warranted. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Based on the foregoing, the Board will remand for a new examination to determine the severity of the Veteran's mental health condition. 2. TDIU As a decision on the remanded issue of increased rating for panic disorder could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined. Therefore, a remand for the claim for entitlement to a TDIU is required. Additionally, the Board finds that further development of pertinent evidence is needed to properly adjudicate the matter of entitlement to a TDIU, as the evidence of record is conflicting regarding the Veteran's employment status during the period for consideration. In that regard, the Veteran stated in a January 2025 that he stopped working since 2021. However, VA Treatment records show that the Veteran was still employed on December 24, 2021. See December 2021 VA Treatment Records. Based upon the conflicting employment reports in the record, the Veteran's work history remains unclear. The Board finds that the Veteran should complete a VA Form 21-8940 for the proper adjudication of TDIU, as this form was never completed. The matters are REMANDED for the following action: 1. The AOJ should request that the Veteran provide the names and addresses of any and all health care providers who have provided treatment for the mental health condition on appeal. After acquiring this information and obtaining any necessary authorizations, the AOJ should obtain and associate these records with the claims file. The AOJ should also obtain any outstanding VA treatment records. 2. Schedule the Veteran for a VA psychiatric examination to assess the current nature, extent, and severity of his service-connected panic disorder. The claims file, including a copy of this remand, must be made available to the examiner for review in connection with the examination. All pertinent testing deemed necessary should be accomplished, and the results of any such studies should be included in the examination reports. The examiner should identify the frequency, severity, and duration of the Veteran's symptomatology and identify the degree of social and occupational impairment attributable to the Veteran's panic disorder. 3. Provide the Veteran with VA Form 21-8940 (Veteran's Application for Increased Compensation Based on Unemployability) and ask him to complete the form accurately and completely (accounting for all time during the entire period for consideration), updated to the present, and to submit them. Of specific importance is whether he is currently working, and if that is full time, part time, or otherwise conducted in a protected or sheltered work environment. He should be advised that the information therein is critical to proper adjudication of TDIU. 4. After completing all indicated development, the Veteran's claims, to include the issue of entitlement to TDIU should be readjudicated based on the entirety of the evidence. If any benefit sought on appeal is not granted, the Veteran and his representative should be provided a Supplemental Statement of the Case (SSOC) and afforded the requisite opportunity to respond before the case is remanded to the Board ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Fam, Associate Counsel 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.