Citation Nr: 18146480
Decision Date: 10/31/18	Archive Date: 10/31/18

DOCKET NO. 17-48 097A
DATE:	October 31, 2018
ORDER
An initial rating of 30 percent for insomnia with anxiety disorder is granted.
FINDING OF FACT
For the entire appeal period, the evidence shows that the Veteran’s insomnia with anxiety disorder results in at least occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal.
CONCLUSION OF LAW
For the entire appeal period, the criteria for an initial 30 percent rating for insomnia with anxiety disorder are met. 38 U.S.C. § 1155; 38 C.F.R. § 4.130, Diagnostic Code 9410.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 2005 to April 2016.
The lay and medical evidence show that for the entire appeal period, his psychiatric symptoms produce at least occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal.
Thus, the criteria for a 30 percent rating under Diagnostic Code 9410 are met and this higher initial rating is granted for the entire appeal period.
REMANDED
Entitlement to an initial rating higher than 30 percent for insomnia with anxiety disorder is remanded.
REASONS FOR REMAND
The Board finds that a remand is necessary to provide the Veteran with a new VA examination to determine the current severity of his insomnia with anxiety disorder and whether an initial rating in excess of 30 percent is warranted.
During his January 2016 VA examination, the Veteran was diagnosed with insomnia disorder, and the examiner noted reports of chronic sleep impairment, and occasional anxiety and depression, but “not a lot.”  The examiner further noted that when the Veteran felt depressed he would “get very active and just pull out of it.”  The Veteran stated that “nothing lasts very long.”  Lastly, the examiner concluded that the Veteran had no depression, anxiety, or panic attacks. 
However, in his June 2016 notice of disagreement, the Veteran reported that he had panic attacks at least four-times a week and experienced depression regularly.  He also reported having a memory impairment and anxiety around crowds.  Lastly, he challenged the adequacy of the January 2016 VA examination, indicating that the examiner failed to document his reported symptoms.  In his September 2017 substantive appeal, the Veteran again reported panic attacks, depression, memory problems, and anxiety around crowds and in public.
Given the Veteran’s lay reports of worsening of his psychiatric symptoms in comparison to those documented and described in the January 2016 VA examination report, the Board finds that a new VA examination is necessary to determine the current severity of the Veteran’s psychiatric disorder.
The matter is REMANDED for the following action:
1.  Provide the Veteran with a VA examination to determine the current severity of his service-connected psychiatric disorder.  The claims file and a copy of this remand must be made available to and reviewed by the examiner prior to the requested examination.  All necessary tests should be conducted.
(a) Identify all currently diagnosed psychiatric disorders, and address their current severity.
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(b) To the extent possible, retrospectively indicate the level of severity of the Veteran’s psychiatric disorder since April 2016.  In doing so, elicit from the Veteran the history, frequency, and duration of his symptoms, to include reported panic attacks, depression, and anxiety.
 
LAURA E COLLINS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Yaffe, Associate Counsel