Citation Nr: 18140835 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 16-25 425 DATE: REMANDED Entitlement to higher initial rating for service-connected generalized anxiety disorder (GAD) and depressive disorder rated as 30 percent before October 28, 2015, and 50 percent thereafter, is remanded. Entitlement to a total disability rating based upon individual unemployability (TDIU), is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from November 2009 to October 2014. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California (Agency of Original Jurisdiction (AOJ)). 1. Entitlement to higher initial rating for service-connected generalized anxiety disorder (GAD) and depressive disorder rated as 30 percent before October 28, 2015, and 50 percent thereafter, is remanded. 2. Entitlement to TDIU is remanded. Regrettably, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the issues on appeal, in order to afford the Veteran every possible consideration. The record reflects that the AOJ granted service connection for the Veteran’s GAD and depressive disorder in a December 2014 rating decision. It assigned an effective date of October 21, 2014 (the day following separation from active service), and evaluated his condition as 30 percent disabling. See 38 C.F.R. §3.400 (b)(2)(i). The Veteran filed a timely notice of disagreement. While the case was pending, the AOJ issued a second rating decision increasing the Veteran’s disability rating from 30 percent to 50 percent from October 28, 2015 forward. A Statement of the Case was issued in March 2016. In April 2016, the Veteran limited his appeal to the Board stating that he “agree[s] with the 50 percent disability rating, but contest[s] that the effective date should have started [November 1, 2014].” Based on statements made in documents attached to the Veteran’s VA Form 9, the Board will interpret the Veteran’s requested effective date to mean he seeks an effective date of October 21, 2014 – the initial and earliest possible effective date of his claim for GAD and depressive disorder. However, the Board observes that a claim for an original or an increased rating remains in controversy when less than the maximum available benefit is awarded unless the claimant clearly expressed an intent to limit the appeal. AB v. Brown, 6 Vet. App. 35 (1993). Based on statements before and after the April 2016 substantive appeal, the Veteran’s intent to limit his appeal is unclear as he has also referred to being entitlement to a 100 percent rating. The evidence reflects that the Veteran has not been steadily employed but has also been attending school. In June 2018, the Veteran filed an application for VA Vocational Rehabilitation benefits. On this unclear record, the Board has phrased the issue as entitlement to a higher initial rating for his service-connected psychiatric disorder for the entire appeal period, and finds that an issue of entitlement to TDIU has been reasonably raised. See Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board notes that correspondence from the Veteran dated February 2015 indicates he was being treated by private health providers for a period of time. However, no private treatment records have been associated with the file. As the period of time during which the Veteran was presumably receiving private treatment is critical in resolving the dispute regarding his disability rating for GAD and depressive disorder, VA will remand to request this additional documentation. The matters are REMANDED for the following action: 1. Associate with the claims folder updated VA treatment records, and his complete Vocational Rehabilitation folder. See VA Form 28-1900 received June 2018. 2. Provide the Veteran appropriate notice for substantiating a claim of entitlement to TDIU, or obtain clear confirmation from the Veteran that he does not seek this benefit. 3. Ask the Veteran to complete a VA Form 21-4142 for any private treatment providers. Thereafter, obtain and associate with the claims folder any private treatment records identified, specifically those prior to October 28, 2015 pertaining to his GAD and depressive disorder and/or any adjustment disorder. 4. Thereafter, readjudicate the claims. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Victoria A. Narducci, Associate Counsel