Citation Nr: 18157828
Decision Date: 12/13/18	Archive Date: 12/13/18

DOCKET NO. 16-60 277
DATE:	December 13, 2018
REMANDED
Entitlement to a rating in excess of 30 percent for depressive disorder is remanded.
Entitlement to TDIU is remanded.
REASONS FOR REMAND
1. Entitlement to a rating in excess of 30 percent for depressive disorder is remanded.
Remand is required to afford the Veteran a VA examination to determine the current severity of the Veteran’s service-connected depressive disorder as the February 2017 private statement from R.A.G., LMSW, ACSW, MA indicates that the Veteran’s symptoms may have worsened since the last VA examination in 2016.  The Board notes that it is unable to rely on the private physician’s statement alone as there is no indication that the physician reviewed the Veteran’s record and there is conflicting information regarding the severity of the Veteran’s symptoms. 
Additionally, the Board notes that the RO’s attempts to obtain authorizations from the Veteran for release of private medical records from R.A.G., LMSW, ACSW, MA have been unsuccessful. As the matter is being remanded for VA examination and opinion, the RO should again attempt to obtain these records and associate them with the claims file.
2. Entitlement to TDIU is remanded.
The claim for a TDIU rating is inextricably intertwined with the claim of entitlement to an increased rating for depressive disorder and the Board will defer the issue until the requested development below has been completed.
The matters are REMANDED for the following action:
1. Obtain updated VA treatment records.
2. Provide the Veteran an opportunity to submit any outstanding private treatment records pertinent to his claims, to records from R.A.G., LMSW, ACSW, MA reflecting treatment the Veteran received since 2009. All attempts made must be documented in the electronic file, to include the unavailability of any identified records. For any identified records that are not obtained, notify the Veteran of such and provide him with an opportunity to submit those records.
3. After completing directives #1-2, schedule the Veteran for a VA examination to evaluate the current severity and manifestations of his psychiatric disorder. The entire claims file should be made available to, and be reviewed by, the VA clinician. All appropriate tests and studies, should be accomplished and all clinical findings should be reported in detail with a full description of the Veteran’s psychiatric disorder, including the level of social and occupational impairment attributable to the Veteran’s psychiatric disorder.
 
If the clinician is unable to render the requested opinion without resort to speculation, he or she must so state. However, a complete explanation for such a finding must be provided.
 
Nathaniel J. Doan
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Hemphill, Associate Counsel