Citation Nr: 18142123
Decision Date: 10/16/18	Archive Date: 10/12/18

DOCKET NO. 14-28 997A
DATE:	October 16, 2018
REMANDED
Entitlement to an initial rating in excess of 10 percent prior to June 19, 2014, and to a compensable rating thereafter for service-connected major depressive disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from May 2006 to August 2010.
Service connection for major depressive disorder was granted, effective August 2, 2010, at a 10 percent disability rating.  The Veteran submitted a timely Notice of Disagreement (NOD).  Subsequently, in a June 2014 Statement of the Case and July 2014 rating decision, the evaluation was decreased to a noncompensable rate.  The Veteran filed an NOD in response to the July 2014 rating decision.  The Regional Office (RO) interpreted the NOD as a timely Substantive Appeal.
The Veteran’s last VA examination was conducted in February 2016.  The VA examiner determined that his major depressive disorder was in full remission, with no social or occupational impairment in functioning.  The Veteran reported that he had not had any mental health treatment since October 2014 and had discontinued taking prescribed medications to treat his disability.
In a September 2018 Informal Hearing Presentation, the Veteran’s representative stated that the Veteran had been treated for psychiatric diagnoses and most recently had been seen for and prescribed medication for his anxiety and had seen a VA social worker.  The claims file contains few VA treatment records, ending in October 2014.  As the Veteran has indicated a worsening of symptoms and that he has received VA treatment recently, remand is needed to obtain relevant VA treatment records and to provide the Veteran with a new VA psychiatric evaluation.  Further, he has stated that his primary care physician has also prescribed medication for his psychiatric symptoms, including difficulty focusing.  Upon remand, the Veteran should be afforded an opportunity to provide any relevant private treatment records, as well.
The matter is REMANDED for the following action:
1. Ask the Veteran to identify and to provide a release for any relevant records of post-service psychiatric care he has received, or, alternatively, to submit the records himself.  If he provides a release, assist him in obtaining the records.
2. Obtain any relevant outstanding VA treatment records, to include records since October 2014.
3. Schedule the Veteran for a psychiatric evaluation to assess the current severity of his service-connected major depressive disorder.  The Veteran’s record should be reviewed by the examiner.  All appropriate tests and studies should be conducted, and the results reported in detail.  The report should include all subjective complaints and objective symptoms.  In addition to objective test results, the examiner should fully describe the practical effects caused by the Veteran’s psychiatric disorder, including the effect of his disability on his occupational and daily functioning.  The examiner should include a rationale with all opinions.
4. Thereafter, VA should readjudicate the issue on appeal.  If the issue remains denied, a Supplemental Statement of the Case should be provided to the Veteran and his representative.  After the Veteran and his representative have had an adequate opportunity to respond, the appeal should be returned to the Board for appellate review.

 
MICHAEL E. KILCOYNE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Rachel E. Jensen, Associate Counsel