Citation Nr: 18146905
Decision Date: 11/02/18	Archive Date: 11/01/18

DOCKET NO. 16-25 956
DATE:	November 2, 2018
REMANDED
Entitlement to a rating greater than 50 percent for an acquired psychiatric disorder, to include major depression in partial remission and antisocial disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from March 1979 to March 1980.
Entitlement to a rating greater than 50 percent for an acquired psychiatric disorder, to include major depression in partial remission and antisocial disorder is remanded.
The Veteran contends that his psychiatric disorder warrants a rating greater than his current 50 percent evaluation.
The Board cannot make a final decision on the Veteran’s claim for entitlement to a rating greater than 50 percent for his service-connected acquired psychiatric disorder because the latest VA examination in December 2015 is inadequate. The examiner diagnosed major depression in partial remission and antisocial disorder. However, the examiner only discussed the effects of the Veteran’s depression symptoms in the written opinion. During the interview the examiner noted that the Veteran reported that he has no friends, no romantic relationships and no relationships with his biological children. It was also reported that the Veteran was one hundred thousand dollars in child support arrearages, and that he reported getting into two physical fights since his previous VA examination, eleven months earlier, one of which was with the interviewers at a job interview. Additionally, the examiner repeatedly copied social worker notes that the Veteran’s income was stable, but failed to specify that the Veteran’s only reported income was from his VA service-connected disabilities and not from employment. Furthermore, the Veteran stated that many of the examiner’s statements in the VA medical opinion were inaccurate. 
On remand, the Veteran should be scheduled for a new VA examination, with a different examiner, if available, to assess the functional impact all of the Veteran’s service-connected acquired psychiatric disorders have upon his social and occupational abilities.
The matter is REMANDED for the following action:
1. Contact the Veteran, and, with the Veteran’s assistance identify and obtain copies of any pertinent medical or VA treatment records since April 2016 and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected acquired psychiatric disorders.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected acquired psychiatric disorder alone.
During the examination, the examiner is also asked to review and discuss, as necessary, the level of severity of the social and occupational symptoms of (i) the Veteran’s report to the December 2016 VA examiner that he has no relationship with his family, no relationships with his biological children, and no friends; (ii) the Veteran also reported to the December 2016 VA examiner that he was in two physical fights within eleven months, one of which was with the interviewers at a job interview.
 
M.E. Larkin
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Perkins, Michael