Citation Nr: 18156424
Decision Date: 12/11/18	Archive Date: 12/07/18

DOCKET NO. 14-99 805A
DATE:	December 11, 2018
REMANDED
Entitlement to an initial rating greater than 50 percent for bipolar disorder is remanded.
(The Veteran’s appeal for service connection for diabetic neuropathy of the bilateral lower extremities and for diabetic neuropathy of the bilateral lower extremities will be the subject of a separate Board decision.)
REASONS FOR REMAND
The Veteran had active service from September 1969 to July 1971, including in combat in the Republic of Vietnam from September 1970 to July 1971.
In a November 2014 rating decision, the Agency of Original Jurisdiction (AOJ) assigned a higher initial 50 percent rating effective December 15, 2009, for the Veteran’s service-connected bipolar disorder.  Because the initial rating assigned to the Veteran’s service-connected bipolar disorder is not the maximum rating available for this disability, this claim remains in appellate status.  See AB v. Brown, 6 Vet. App. 35 (1993).
The Veteran appointed his current service representative to represent him before VA by filing a signed VA Form 21-22 at the AOJ in June 2015.
1. Entitlement to an initial rating greater than 50 percent for bipolar disorder is remanded.
The Veteran contends that his service-connected bipolar disorder is more disabling than currently (and initially) evaluated.  The Board notes in this regard that the Veteran was examined most recently for VA adjudication purposes in March 2011, more than 7 years ago.  The Court has held that when a Veteran alleges that his service-connected disability has worsened since he was examined previously, a new examination may be required to evaluate the current degree of impairment.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); but see Palczewski v. Nicholson, 21 Vet. App. 174, 182 (2007) (finding "mere passage of time" does not render old examination inadequate).  Given the Veteran's contentions, and given the length of time which has elapsed since his most recent VA examination in March 2011, the Board finds that, on remand, he should be scheduled for an updated VA examination to determine the current nature and severity of his service-connected bipolar disorder.  38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159.
The matter is REMANDED for the following action:
1.  Schedule the Veteran for appropriate examination to determine the current nature and severity of his service-connected bipolar disorder.
(Continued on the next page)
 
2.  Readjudicate the appeal.
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Michael T. Osborne, Counsel