Citation Nr: 18147545
Decision Date: 11/05/18	Archive Date: 11/05/18

DOCKET NO. 16-44 187
DATE:	November 5, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for service-connected depressive disorder is remanded.
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded.
REASONS FOR REMAND
1. Entitlement to a rating in excess of 30 percent for service-connected depressive disorder is remanded.
The Board finds that a remand is necessary in order to afford the Veteran a VA examination to determine the current severity of his service-connected depressive disorder.  The Veteran was last examined by VA in November 2014; however, since that time he has submitted multiple private opinions indicating that his symptoms have worsened.  While the private opinions provided a list of symptoms that the Veteran experienced in connection with his depressive disorder, as noted by the November 2014 VA examiner regarding previous opinions from the same clinician, there is no indication that any psychological testing, record review, or validated structured interview was conducted to determine the severity of his symptoms.  Further, the symptoms and disability picture given by the private clinician in opinions close to the time of the November 2014 examination (i.e., in October 2012 and March 2015) are substantially different than that provided by the VA examiner.  Additionally, there is otherwise not adequate evidence of record sufficient to determine entitlement to an increased rating for the Veteran’s depressive disorder.  Accordingly, a new VA examination is necessary on remand.  McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006); 38 U.S.C. § 5103A(d)(2) (2012); 38 C.F.R. § 3.159(c)(4)(i) (2017).
The AOJ should also obtain any relevant, outstanding VA treatment records and provide the Veteran the opportunity to submit or identify any relevant, outstanding private treatment records.  The AOJ should obtain any such records for which proper approval has been given.
2. Entitlement to a TDIU is remanded.
Regarding the TDIU issue, a decision must be deferred until determinations are made regarding the Veteran’s increased rating claim.  These issues are inextricably intertwined with entitlement to a TDIU.  Harris v. Derwinski, 1 Vet. App. 180 (1991). 
The matters are REMANDED for the following action:
1. The AOJ should also obtain any relevant, outstanding VA treatment records and provide the Veteran the opportunity to submit or identify any relevant, outstanding private treatment records.  The AOJ should obtain any such records for which proper approval has been given.
2. Afford the Veteran an examination with an appropriate examiner in order to determine the current nature and severity of his service-connected depressive disorder.  The examiner should be provided a copy of the entire claims file for review, including a copy of this remand, and should indicate in the examination report that such review was completed.  The examiner should conduct any tests determined to be appropriate.
The examiner must provide a rationale for any opinions offered.  If the examiner is unable to provide the requested opinions without resorting to speculation, he or she should discuss why and indicate whether the inability is a result of insufficient evidence or the limits of scientific or medical knowledge.
 
M. H. HAWLEY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. Ferguson, Associate Counsel