09-20 720, 09-20 720

Veteran served on active duty 1990–1994; service-connected PTSD granted effective April 22, 2002. Appeal from RO decisions involving PTSD evaluations and TDIU.
RO increased PTSD rating from 30% to 70% effective September 6, 2010; Veteran seeks higher ratings both before and after that date.
Veteran has PTSD and chronic fatigue syndrome; history of memory, concentration, and fatigue problems; limited education and primarily manual labor work history.
VA examinations (2014) gave mixed opinions: examiners noted significant occupational and cognitive symptoms but did not conclude unemployability; a treating Vet Center therapist (2013) opined Veteran was unemployable due to combined disorders.
Board found combined effects of PTSD and chronic fatigue syndrome rendered the Veteran unemployable, granted TDIU, but remanded the PTSD rating-evaluation issue for further development (missing VA treatment records 2010 onward and inadequate VA opinion regarding differentiation from cortical atrophy).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to higher initial rating for PTSD (pre-Sept 6, 2010) and higher than 70% (on/after Sept 6, 2010)	Veteran asserts PTSD symptoms warrant ratings higher than 30% prior to 9/6/2010 and higher than 70% thereafter	RO increased rating to 70% as of 9/6/2010; VA contends additional development / records needed before decision	REMANDED for further development: obtain VA treatment records 2010–onward and provide an adequate PTSD exam/opinion that distinguishes symptoms from cortical atrophy; then readjudicate
Entitlement to TDIU	Veteran contends he is unemployable due to combined effects of PTSD and chronic fatigue syndrome (memory, concentration, fatigue)	VA examiners in 2014 did not definitively find unemployability and noted some short-duration work history	GRANTED: Board found schedular criteria met and, giving greatest weight to treating therapist and considering combined effects and functional limits, concluded Veteran is unemployable

AB v. Brown, 6 Vet. App. 35 (Court references standard that higher evaluations available before/after increase)
Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (discusses Board consideration of evidence initially not reviewed by AOJ)
Stegall v. West, 11 Vet. App. 268 (requires compliance with Board remand directives)
Quartuccio v. Principi, 16 Vet. App. 183 (VA duties to notify and assist)
Kowalski v. Nicholson, 19 Vet. App. 171 (claimant cooperation in duty-to-assist context)
Wood v. Derwinski, 1 Vet. App. 190 (claimant cooperation precedent)
Kutscherousky v. West, 12 Vet. App. 369 (right to submit additional evidence and argument)