Citation Nr: 18140874 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 16-11 727 DATE: REMANDED Entitlement to an initial rating in excess of 30 percent for an acquired psychiatric disorder, to include anxiety disorder NOS, post-traumatic stress disorder (PTSD) and a chronic adjustment disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1979 to April 1988 and from April 2011 to June 2012. This matter comes before the Board of Veterans' Appeals (hereinafter Board) on appeal from a July 2015 Decision Review Officer's (DRO) decision, which granted service connection for an acquired psychiatric disorder, to include anxiety disorder NOS, PTSD and a chronic adjustment disorder, and assigned a 30 percent rating, effective June 2, 2012. The Veteran perfected a timely appeal to that decision. In his substantive appeal (VA Form 9), dated in March 2016, the Veteran requested a Travel Board hearing. However, in a statement dated in December 2016, the Veteran withdrew his request for a Board hearing. 1. Entitlement to an initial rating in excess of 30 percent for an acquired psychiatric disorder, including anxiety disorder NOS, PTSD and a chronic adjustment disorder is remanded. The Veteran essentially contends that his psychiatric disorder is more disabling than reflected by the 30 percent disability rating currently assigned. After examining the record, the Board concludes that further assistance to the Veteran is required in order to comply with the duty to assist as mandated by 38 U.S.C. § 5103A. A review of the file shows that the Veteran was most recently issued a statement of the case (SOC), regarding his claim for an initial rating in excess of 30 percent for his psychiatric disorder, including anxiety disorder NOS, PTSD and a chronic adjustment disorder, in February 2016. Subsequent to that issuance, a September 2016 VA examination report as well as VA progress notes dated from October 2017 through May 2018 were associated with the Veteran's claims folder. However, the record does not reflect that a supplemental statement of the case (SSOC) was issued. As it was VA that added VA records to the claims file, not the Veteran that submitted evidence, the waiver provisions of 38 C.F.R. § 20.1304 (c) (2017) are not for application. Since the additional evidence in question is neither duplicative of other evidence nor irrelevant, and since an SSOC pertaining to that evidence was not issued, this evidence must be remanded back to the RO. See Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003); 38 C.F.R. § 20.1304 (2013). In addition, the Board notes that during a clinical visit for follow up evaluation of his anxiety in May 2018, the Veteran reported problems with increased irritability and short temper, caused by pain from his service-connected shoulder disorder. In light of the reports of worsening of symptoms, a new VA examination to address the current severity of the Veteran's psychiatric disorder should also be conducted on remand. The matter is REMANDED for the following action: 1. Obtain all outstanding VA medical records and associate them with the claims file. 2. Ensure that the Veteran is scheduled for a VA examination to determine the symptoms and severity of his acquired psychiatric disorder, including anxiety disorder NOS, PTSD and adjustment disorder. The claims files, including a copy of this remand, must be reviewed by the examiner and such review should be noted in the examination report. All testing and evaluation indicated should be conducted and the results of any testing should be reviewed and included prior to completion of the examination reports. The examiner must provide the current findings regarding all symptoms associated with the service-connected disability and should opine as to their severity. The examiner must describe the functional impairment resulting from the Veteran's psychiatric disorder. 3. The AOJ should must the Veteran an appropriate SSOC regarding the issue of entitlement to an increased rating for an acquired psychiatric disorder, including anxiety disorder NOS, PTSD and adjustment disorder. This SSOC must contain a summary of the relevant evidence, a citation of the applicable laws and regulations, the reasons and bases for the decision, and a discussion of the application of the laws and regulations to the evidence. See 38 C.F.R. §§ 19.29, 19.31. Give the Veteran and his representative appropriate time to respond to the SSOC before returning the case to the Board. JAMES G. REINHART Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs