Citation Nr: 20006589
Decision Date: 01/28/20	Archive Date: 01/27/20

DOCKET NO. 16-25 956
DATE: January 28, 2020

REMANDED

Entitlement to a rating greater than 50 percent for an acquired psychiatric disorder, to include major depression in partial remission and antisocial disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from March 1979 to March 1980.

Entitlement to a rating greater than 50 percent for an acquired psychiatric disorder, to include major depression in partial remission and antisocial disorder is remanded.

The Veteran contends that his psychiatric disorder warrants a rating greater than his current 50 percent evaluation.

The Veteran was scheduled for a VA examination but failed to report to the exanimation. In a January 2020 brief, the Veteran’s representative pointed out that previous notices used to contact the Veteran for information were sent to the wrong address. The representative said they talked with the Veteran and confirmed his current address. The Veteran said he had not received notice of the scheduled examination or any VA correspondence asking for information in support of his claim.  On remand, the Veteran should be rescheduled for his VA examinations, ensuring the Veteran receives proper notice.

The matters are REMANDED for the following action:

1. In coordination with the Veteran and his representative, ensure the Veteran’s correct current address is on file.

2. Then, contact the Veteran, and, with the Veteran’s assistance identify and obtain copies of any pertinent medical or VA treatment records since April 2016 and add them to the claims file. If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified.

3. After completion of the above, schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected acquired psychiatric disorders. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected acquired psychiatric disorder alone.

During the examination, the examiner is also asked to review and discuss, as necessary, the level of severity of the social and occupational symptoms of (i) the Veteran’s report to the December 2016 VA examiner that he has no relationship with his family, no relationships with his biological children, and no friends; (ii) the Veteran also reported to the December 2016 VA examiner that he was in two physical fights within eleven months, one of which was with the interviewers at a job interview.

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. G. Perkins, 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.