Citation Nr: 18144767 Decision Date: 10/25/18 Archive Date: 10/25/18 DOCKET NO. 10-42 334 DATE: October 25, 2018 REMANDED Entitlement to an initial rating in excess of 30 percent for panic disorder (previously claimed as primary insomnia and panic attacks) is remanded. REASONS FOR REMAND The Veteran served with the Air Force from November 1969 to August 2009. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2009 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded this case in March 2013 for a Travel Board hearing as requested by the Veteran on a VA Form 9 received by the Board in February 2013. After the hearing was scheduled, the Board received a Statement in Support of Claim in July 2017 requesting that the Board decide the case without conducting a Board hearing. Therefore, a hearing was not conducted and this case was returned to the Board for review. Entitlement to an initial rating in excess of 30 percent for panic disorder (previously claimed as primary insomnia and panic attacks) is remanded. The Veteran contends that his panic disorder symptoms have continued to increase in severity and frequency since his last VA examination warranting a rating in excess of 30 percent. The Veteran contends that he sleeps a lot during the day and the sleeping negatively effects other health problems, as well as his occupational and social condition. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. VA’s duty to assist includes a duty to provide a medical examination or obtain a medical opinion where it is deemed necessary to decide on the claim. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4); Duenas v. Principi, 18 Vet. App. 512 (2004); Robinette v. Brown, 8 Vet. App. 69 (1995); McLendon v. Nicholson, 20 Vet. App. 79 (2006). In addition, once VA undertakes the effort to provide an examination when developing a service connection claim, even if not statutorily obligated to do so, it must provide an adequate one or, at a minimum, notify the claimant why one will not or cannot be provided. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). For the below noted reasons, the Board finds that, while the Veteran underwent VA examinations in May 2009 and December 2011 regarding his claim for an increased rating for his service-connected panic disorder disability, an additional VA examination is necessary. The Veteran asserts that his panic disorder symptoms are more severe than his initial rating reflects. Specifically, the Veteran contends that he sleeps a lot during the day, which is greatly impairing his occupational and social functioning. In correspondence from the Veteran’s representative dated October 2008, the representative argues that the evidence of record includes an outdated VA examination that no longer represents the current severity of the Veteran’s service-connected panic disorder. Generally, remands for VA examinations are not warranted based on the passage of time alone; however, in this case, the Board observes that the Veteran’s most recent VA examination was conducted in December 2011. See Palczewski v. Nicholson, 21 Vet. App. 174, 180 (2007). Additionally, a January 2013 VA Form 9 and a January 2016 correspondence from the Veteran reflect that the Veteran was in the process of seeking treatment through the VA for his panic disorder. The Veteran stated that he had an appointment scheduled for January 2013, but updated treatment records have not been associated with the claims file. Hence, a remand is necessary to schedule a VA examination to determine the current severity of the Veteran’s panic disorder symptoms and to obtain and associate with the electronic claims file updated treatment records. The matter is REMANDED for the following actions: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. Request that the Veteran identify any recent private treatment pertinent to his claim and provide information and authorization sufficient for VA to assist him in obtaining any pertinent medical records not yet associated with the record. 2. Upon receipt of all additional records, schedule the Veteran for a VA mental health examination in order to assess the current degree of severity of his service-connected panic disorder. The record, including a complete copy of this remand, must be made available to the examiner for review, and the examiner must indicate in the examination report that the record was reviewed in conjunction with the examination. The examiner should set forth all manifestations of the Veteran’s panic disorder and discuss the impact of such symptoms on the Veteran’s social and occupational functioning. The examiner is requested to review all pertinent records associated with the claims file and to comment on the severity of the Veteran’s service-connected disability. The examiner should report all signs and symptoms necessary for rating the Veteran’s disability under the rating criteria. A complete rationale must be given for all opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence that would permit such an opinion to be made. 3. Readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Hartford, Associate Counsel