Citation Nr: 18142546
Decision Date: 10/17/18	Archive Date: 10/16/18

DOCKET NO. 16-30 711
DATE:	October 17, 2018
REMANDED
Entitlement to a disability rating in excess of 50 percent for service-connected anxiety disorder with depression and bipolar disorder is remanded.
REASONS FOR REMAND
The Veteran had active service from June 2002 to August 2002 and from August 2003 to April 2009.  This matter comes to the Board on appeal from a December 2013 rating decision.  
1. Entitlement to a disability rating in excess of 50 percent for service-connected anxiety disorder with depression, and bipolar disorder is remanded.
Since the issuance of the last statement of the case in May 2016, new, relevant evidence has been received by the Board, to include record of a hospitalization for mental health problems and follow up treatment showing reports of hallucinations and other severe symptoms.  The Board notes that while a rating decision that considered the evidence was issued in January 2017 granting a temporary total evaluation under 38 C.F.R. §4.29, the decision did not appear to evaluate periods not within the temporary total rating period with consideration of the new evidence.  The Board notes that the new evidence appears to show a worsening of symptoms from the Veteran’s previous rating, as shown in January 2017 treatment records.  See Snuffer v. Gober, 10 Vet. App. 400 (1997); Caffrey v. Brown, 6 Vet. App. 377 (1994). The Veteran has explicitly rejected a waiver of AOJ review for the new evidence in a February 2018 correspondence.  38 C.F.R. § 1304 (c).  Thus, remand is necessary for a contemporaneous VA examination to determine the severity of the Veteran’s condition, as well as AOJ review of the additional records.  
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination to assess the current nature and severity of the Veteran’s service-connected psychiatric disabilities.  The claims folder must be made available to the examiner for review in conjunction with the examination. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. 
2. After the above development is completed, review all evidence received since the issuance of the most recent statement of the case, and readjudicate the issue on 
 
appeal.  If the benefit sought remains denied, furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Baker, Associate Counsel