Citation Nr: 19155195 Decision Date: 07/18/19 Archive Date: 07/17/19 DOCKET NO. 18-44 652 DATE: July 18, 2019 REMANDED Entitlement to an initial evaluation higher than 50 percent for service-connected major depressive disorder is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served honorably in the Army from March 1979 to April 1982. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2018 rating decision of the Department of Veteran Affairs (VA) Regional Office (RO) in Cleveland, Ohio. Increased Evaluation Remand is required to assess the current severity of the Veteran’s service connected major depressive disorder. When a claimant asserts, or the evidence shows, that the severity of a disability has increased since the most recent rating examination, an additional examination is appropriate. VAOPGCPREC 11-95 (April 7, 1995); Snuffer v. Gober, 10 Vet. App. 400 (1997). The Veteran received a VA examination in March 2018. Although the examination was thorough, recent VA records indicate a potential worsening. The March 2018 VA examination report did not contain evidence of any violent behavior. The examiner noted that the effects of the Veteran’s depressive disorder and alcohol use disorder on social and occupational impairment could not be separated. A July 2018 private treatment record reported the Veteran stated he was getting irritable with his family members more often. An August 2018 VA treatment record reported violent behavior triggered by alcohol or drug use. The current evidence of record thus suggests an increase in psychiatric symptoms since the March 2018 VA examination. Accordingly, remand is required for a current examination. 1. TDIU Remand is required because entitlement to TDIU is inextricably interwined with the pending increased evaluation claim. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (holding that issues are inextricably intertwined and must be considered together when a decision concerning one could have a significant impact on the other). The matters are REMANDED for the following action: 1. Contact the appropriate VA Medical Center and obtain and associate with the claims file all outstanding records of treatment. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified and this should be documented for the record. Required notice must be provided to the Veteran and his representative. 2. Contact the Veteran and afford him the opportunity to identify by name, address and dates of treatment or examination any relevant medical records, specifically records from Solay counseling and research center. Subsequently, and after securing the proper authorizations where necessary, make arrangements to obtain all the records of treatment or examination from all the sources listed by the Veteran which are not already on file. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 3. After any additional records are associated with the claims file, provide the Veteran with an appropriate examination to determine the severity of the service-connected major depressive disorder. The entire claims file must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The relevant Disability Benefits Questionnaire must be utilized. 4. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claims, and that the consequences for failure to report for a VA examination without good cause may include denial of the claims. 38 C.F.R. §§ 3.158, 3.655 (2019). In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. K. MILLIKAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Bruton, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.