Citation Nr: 18156127 Decision Date: 12/11/18 Archive Date: 12/07/18 DOCKET NO. 16-49 540 DATE: December 11, 2018 REMANDED Entitlement to a rating in excess of 50 percent for a psychiatric disability is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty from March 2008 to August 2008, January 2009 to September 2009, and September 2009 to October 2010, May 2011 to August 2011. This matter comes before the Board of Veterans’ Appeals (Board) from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island. Pertinent evidence will be first reviewed at the Agency of Original Jurisdiction so as to not deprive the claimant of an opportunity to prevail with a claim at that level and a supplemental statement of the case must be issued. 38 U.S.C. § 7104(a); 38 C.F.R. §19.31(b)(1); Disabled American Veterans v. Secretary of Veterans Affairs, 327 F.3d 1339 (Fed. Cir. 2003). Further, when evidence is received prior to the transfer of a case to the Board, a supplemental statement of the case must be issued as provided in 38 C.F.R. §19.31 unless the additional evidence is duplicative or not relevant to the issue on appeal. 38 C.F.R. §19.37(a). On remand, a supplemental statement of the case which considers the additional evidence of record received since the March 2016 statement of the case must be issued. 1. Entitlement to a rating in excess of 50 percent for a psychiatric disability is remanded. Following the issuance of a July 2016 statement of the case, and after the certification of this appeal to the Board, new evidence pertinent to anxiety was added to the record that was not considered by the RO in any subsequent supplemental statement of the case. Significantly, that new evidence consists of additional treatment records, which discuss the Veteran not working due to his anxiety and increased fear about his anxiety symptoms. On remand, a supplemental statement of the case which considers the additional evidence of record received since the March 2016 statement of the case must be issued. In addition, the most recent examination was in June 2015. The Board finds that a more current examination is needed. 2. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. The Veteran reported that he stopped working due to his service-connected disabilities. The Board finds that a remand is necessary to obtain a medical opinion regarding the impact of service-connected disabilities on the Veteran’s ability to obtain and maintain employment. The matters are REMANDED for the following action: 1. Associate any pertinent VA or private medical records that are not already of record with the claims file. 2. Schedule the Veteran for a VA psychiatric examination to determine the current nature and severity of anxiety disorder. The examiner should review the claims folder, including the May 2015 VA examination report and the June 2015 VA examination report, and should note that review in the report. The rationale for all opinions should be explained. All necessary tests and studies, to include psychological testing, if appropriate, should be accomplished and all clinical findings reported in detail. The examiner should identify the existence and severity of all current manifestations of the service-connected psychiatric disability. The examiner should opine as to the levels of occupational and social impairment caused by the psychiatric disability and should describe the symptoms, to include the frequency and severity of symptoms, resulting in those levels of impairment. The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that the service-connected disabilities, either separately or in combination, make the Veteran unable to secure or follow a substantially gainful occupation consistent with his education and occupational experience. If the Veteran is found to be capable of work, state what type of work and what accommodations would be necessary due to the service-connected disabilities. If the Veteran is found to be unemployable due to service-connected disabilities, opine as to what date the Veteran became unemployable due to service-connected disabilities. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Kass, Associate Counsel