Citation Nr: 18146901
Decision Date: 11/02/18	Archive Date: 11/01/18

DOCKET NO. 15-16 513
DATE:	November 2, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for major depressive disorder (MDD) is remanded.
Entitlement to special monthly compensation (SMC) based on the need for aid and attendance (A&A) is remanded.
Entitlement to SMC based on housebound status is remanded.
REASONS FOR REMAND
The appellant is a Veteran who served on active duty from October 1966 to October 1970.  These matters are before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision, which, inter alia, granted service connection for MDD and assigned an initial rating of 30 percent, denied entitlement to SMC based on A&A, and denied entitlement to SMC based on housebound status.  On his May 2015 Form 9 the Veteran appealed the rating of 30 percent for MDD, and the denial of entitlement to SMC for A&A and the denial of SMC based on housebound status.  Accordingly, those are the issues that are properly before the Board.  


1. Entitlement to a rating in excess of 30 percent for MDD is remanded.
The Board finds that further development of the record is necessary in order to comply with the duty to assist.  The most recent VA examination to assess the severity of the Veteran’s MDD was in October 2013.  In February 2015 correspondence the Veteran’s spouse noted that the Veteran’s health and memory had been declining over the past few years.  Considering the allegation of worsening and the five year interval since the Veteran was last examined, a contemporaneous examination to assess the disability is necessary.  
2. 3. Entitlement to special monthly compensation (SMC) based on the need for aid and attendance (A&A) or based on housebound status are remanded.
In May 2015 correspondence the Veteran’s representative identified a private examination for housebound or permanent need for A&A evaluation that was completed in February 2015 (submitted in March 2015) but was not addressed/considered in the March 2015 statement of the case (SOC).  The Veteran’s representative did not state that they would be waiving AOJ initial consideration of that evidence.  Under these circumstances, due process considerations require remand of this issue to allow for AOJ initial consideration of that evidence.  See 38 C.F.R. §§ 19.9(a), 19.31.
The matters are REMANDED for the following:
1. The AOJ should arrange for a psychiatric examination of the Veteran to assess the severity of his MDD.  The Veteran’s claims file must be reviewed by the examiner in conjunction with the examination.  Based on examination/interview of the Veteran and review of his record, the examiner should: 
(a.) Note symptoms of the Veteran’s MDD, describing their frequency and severity and their effect on occupational and social functioning.  
(b.) Opine as to the earliest possible manifestation of the Veteran’s current level of severity of symptomatology.  
The examiner must include rationale with all opinions, citing to supporting factual data (and medical literature if deemed appropriate).

 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Staskowski, Associate Counsel