Citation Nr: 18156242
Decision Date: 12/07/18	Archive Date: 12/07/18

DOCKET NO. 16-60 201
DATE:	December 7, 2018
REMANDED
Entitlement to an initial rating in excess of 70 percent for persistent depressive disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from July 2000 to November 2000. 
This appeal arises before the Board of Veterans’ Appeals (Board) from a September 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).
During the pendency of the appeal, a November 2016 statement of the case increased the evaluation for persistent depressive disorder from 50 percent to 70 percent, effective May 6, 2015.  Subsequently, in a November 2016 rating decision, the effective date for the grant of service connection for persistent depressive disorder was changed to June 10, 2014.  The Veteran has not appealed the grant of an earlier effective date and as such, this issue is not on appeal.  
However, as the grant of 70 percent disability evaluation for the service-connected persistent depressive disorder is less than the maximum under the applicable criteria, the increased rating claim remains on appeal.  See AB v. Brown, 6 Vet. App. 35, 38 (1993).  Moreover, in a December 2016 Form 9, the Veteran’s attorney stated that the Veteran would consider a grant of a total rating based on individual unemployability (TDIU) effective May 6, 2015 a full grant of the benefit sought on appeal.  A February 2018 rating decision granted TDIU effective May 16, 2015.  If this grant satisfies the Veteran’s appeal, the Veteran and/or his attorney should notify VA.
Entitlement to an initial rating in excess of 70 percent for persistent depressive disorder is remanded.
In October 2017, the AOJ provided the Veteran an additional VA examination for this disability.  However, a supplemental statement of the case has not yet been issued.  This must be done.  See 38 C.F.R. § 19.37 (2018).
The Board also notes that a January 2018 report of general information indicates possible missing VA treatment records from August 2015 to September 2015.  On remand, attempts to obtain such records is warranted. 
The matter is REMANDED for the following action:
1. Make all efforts to obtain and associate with the claims file any and all outstanding VA treatment records from August 2015 from the VA medical systems in Portland, if any.  Ask the Veteran and his representative for assistance as necessary.  Document all actions taken and responses received. 
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2. After completing the requested action, and any additional action deemed warranted, the AOJ should readjudicate the claim on appeal.  If the benefits sought on appeal remain denied, the Veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto.  The case should then be returned to the Board for further appellate consideration, if in order.
 
S. HENEKS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Cheng, Associate Counsel