Citation Nr: 18145586
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 15-00 468
DATE:	October 29, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for an unspecified depressive disorder with anxious distress is remanded.
REASONS FOR REMAND
The Veteran served on active duty from January 1967 to December 1969.  The Veteran was scheduled to testify at a videoconference hearing before a Veterans’ Law Judge in September 2015, but he failed to report.  Accordingly, his request for a hearing is deemed withdrawn.  38 C.F.R. § 20.704. 
Although the Board regrets the additional delay, this matter must be remanded for additional development.
The Veteran was most recently provided a VA examination in relation to his service-connected unspecified depressive disorder in July 2014, more than four years ago.  In their informal hearing presentation, the Veteran’s representative argued that the Veteran’s condition has worsened and that a subsequent evaluation is necessary to determine the current severity of the Veteran’s service-connected mental condition. 
In addition, the most recent VA treatment records in the Veteran’s file are from January 2015.  As such, the Board finds it likely that there may be outstanding, relevant VA treatment records.  On remand, the AOJ should obtain updated VA treatment records and associate them with the record.  See 38 U.S.C. § 5103A ;  Bell v. Derwinski, 2 Vet. App. 611 (1992).
The matter is REMANDED for the following action:
1. Obtain any outstanding VA or private treatment records.  
In this regard, the Veteran himself is encouraged to attempt to obtain these records in order to expedite his case. 
2. Then schedule the Veteran for a VA examination to determine the current level of severity of his service-connected unspecified depressive disorder.  The examiner must review the claims file and must note that review in the report.  Any indicated studies should be performed.  The examiner should provide all information required for rating purposes.  
The examiner must explain the rationale for all opinions, citing to supporting factual data and medical literature, as appropriate.
3. After completion of the above, review the expanded record, including evidence entered since the statement of the case, and determine whether the benefits sought may be granted.

(Continued on next page)
If any benefit sought remains denied, furnish the Veteran and his representative with a supplemental statement of the case.  A reasonable period should be allowed for response before the appeal is returned to the Board.
 
John Crowley
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	V. Woehlke, Associate Counsel