13-22 452, 13-22 452

Veteran served July 1980–November 1981 and pursued service connection for PTSD with alcohol abuse stemming from a November 2009 claim.
VA granted service connection and initially assigned a 30% rating prior to September 28, 2010, later increased to 70% effective September 28, 2010 (December 2016 rating decision).
Veteran sought a rating above 70% for PTSD (from Sept. 28, 2010) and a total disability based on individual unemployability (TDIU) prior to Sept. 28, 2010.
The record includes VA examinations (Dec 2010; Feb & Apr 2013; Dec 2016), VA and non-VA treatment notes, GAF scores varying mostly in the 50s–70s, and a temporary inpatient hospitalization/detox in Aug–Sep 2013 (brief 100% temporary rating for that period).
Evidence shows some severe symptoms at times (passive suicidal ideation, periodic detoxification/incarceration), but overall social and occupational functioning (relationships, part-time/occasional work with family/friends) persisted.
Board concluded the preponderance of the evidence does not show total occupational and social impairment since Sept. 28, 2010; denied rating above 70% and remanded the TDIU issue prior to that date to VA Compensation Service for initial adjudication.

Issue	Appellant's Argument	Secretary's/VA Argument	Held
Whether PTSD with alcohol abuse warrants a rating >70% from Sept. 28, 2010	PTSD symptoms (including hospitalizations, suicidal ideation, substance use, impaired functioning) justify a 100% rating for total occupational and social impairment	Record evidence (exam findings, GAF scores, treatment notes, ongoing relationships and activities) does not show sustained total occupational/social impairment	Denied — rating higher than 70% from Sept. 28, 2010 not warranted; preponderance against 100% and reasonable doubt not for claimant
Whether Veteran is entitled to TDIU prior to Sept. 28, 2010	Veteran reported inability to work due to PTSD and sought TDIU effective earlier dates	Veteran does not meet percentage requirements for TDIU before Sept. 28, 2010; procedural requirement: Board must refer claims not meeting % thresholds to Director, Compensation Service for initial TDIU consideration	REMANDED — case referred to VA Director of Compensation Service for adjudication of TDIU prior to Sept. 28, 2010 (and supplemental SOC if denied)

Rice v. Shinseki, 22 Vet. App. 447 (addresses TDIU as part and parcel of the initial rating)
Hartman v. Nicholson, 483 F.3d 1311 (Fed. Cir. 2007) (VCAA notice not required once service connection is granted)
Dunlap v. Nicholson, 21 Vet. App. 112 (VCAA duty to notify/assist principles)
Palczewski v. Nicholson, 21 Vet. App. 174 (VA need not obtain a new exam solely due to passage of time)
Gilbert v. Derwinski, 1 Vet. App. 49 (preponderance of evidence standard in VA adjudication)
Fenderson v. West, 12 Vet. App. 119 (staged ratings where condition varies over time)
Mittleider v. West, 11 Vet. App. 181 (attribution of symptoms when non-service conditions present)
Mauerhan v. Principi, 16 Vet. App. 436 (examples in rating criteria are illustrative)
Collier v. Derwinski, 1 Vet. App. 413 (SSA findings are not binding on VA)
Bowling v. Principi, 15 Vet. App. 1 (Board must refer claims not meeting percentage thresholds to Compensation Service for TDIU consideration)
Kutscherousky v. West, 12 Vet. App. 369 (appellant may submit additional evidence after remand)