Citation Nr: 18145546 Decision Date: 10/29/18 Archive Date: 10/29/18 DOCKET NO. 16-35 453 DATE: October 29, 2018 REMANDED Entitlement to an initial evaluation in excess of 30 percent for unspecified depressive disorder with anxious distress is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps Reserve and had active service from June 1998 to August 1998, from June 2000 to July 2000, and from January 2003 to July 2003. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Louisville, Kentucky. In that decision, the RO granted service connection for an unspecified depressive disorder with anxious distress and assigned a 30 percent evaluation effective from October 10, 2013. The Board notes the appeal originally included the issue of entitlement to service connection for posttraumatic stress disorder (PTSD. However, the Veteran did not submit a substantive appeal for that particular issue following the issuance of the June 2016 statement of the case. Instead, he limited his appeal to the issue of entitlement to an increased evaluation for unspecified depressive disorder with anxious distress. Therefore, that issue no longer remains in appellate status, and no further consideration is required. The Board notes the Veteran was afforded VA examinations in March 2014 and May 2016 in connection with his current claim. However, the Veteran has reported symptoms that were not documented during those examinations, including frequent panic attacks. See July 2016 VA Form 9. Thus, it is unclear as to whether his disability may have worsened. Therefore, the Board finds that an additional VA examination is needed to ascertain the current severity and manifestations of the Veteran’s service-connected unspecified depressive disorder with anxious distress. The matter is REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) should request the Veteran provide the names and addresses of any and all healthcare providers who have provided treatment for his service-connected unspecified depressive disorder with anxious distress. After acquiring this information and obtaining any necessary authorization, the AOJ should obtain and associate the records with the claims file. The AOJ should also secure any outstanding VA medical records. 2. After completing the foregoing development, the Veteran should be afforded a VA examination to ascertain the current severity and manifestations of his service-connected unspecified depressive disorder with anxious distress. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file, including any treatment records and assertions. It should be noted that the Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. If there is a clinical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner should report all signs and symptoms necessary for rating the Veteran’s disability under the General Rating Formula for Mental Disorders. The findings of the examiner should address the level of social and occupational impairment attributable to the Veteran’s unspecified depressive disorder with anxious distress. A clear rationale for all opinions would be helpful, and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. Because it is important “that each disability is viewed in relation to its history”, copies of all pertinent records in the Veteran’s claims file, or in the alternative, the claims file, must be made available to the VA examiner for review. 3. After completing the above actions, the AOJ should conduct any other development as may be indicated as a consequence of the actions taken in the preceding paragraphs. J.W. ZISSIMOS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.M. Walker, Associate Counsel