Citation Nr: 20059635
Decision Date: 09/10/20	Archive Date: 09/10/20

DOCKET NO. 15-43 347
DATE: September 10, 2020

REMANDED

An initial rating in excess of 70 percent for a generalized anxiety disorder (GAD) is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from April 1992 to January 2001, September 2002 to August 2003, and November 2003 to January 2014. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision by the Buffalo, New York Department of Veteran’s Affairs (VA) Regional Office (RO). These matters were previously remanded by the Board in April 2019. 

Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that there is a complete and accurate record upon which to decide the Veteran’s claim so that every possible consideration is afforded. 

1. An initial rating in excess of 70 percent for GAD is remanded.

A review of the record shows the most recent VA mental disability examination was conducted in April 2017 (and his most recent mental health treatment records appear to be from May 2017). Because several years have passed since this examination and a current disability picture is crucial to determining an accurate rating in this matter, a contemporaneous examination is needed. [There is also an apparent change in symptoms due to the Veteran declining or ceasing treatment.] 

The matters are REMANDED for the following action:

1. Please note that, by law, ALL remanded claims must be processed expeditiously.

2. Obtain any updated VA treatment records (and adequately identified private treatment records) for association with the claims file.

3. After completion of directive two, schedule the Veteran for a VA examination (or telehealth interview if an in-person examination is not feasible) with an appropriate clinician to assess the severity of the Veteran’s service-connected generalized anxiety disorder. The claims folder and all pertinent medical records should be made available to the examiner for review. Any needed diagnostic testing should be performed. 

Based on an examination, review of the record, and any tests or studies deemed necessary, the examiner should describe all pathology, symptoms (frequency & severity), and functional impairment associated with his disabilities in enough detail to allow for application of the pertinent rating criteria.

Please note that the Veteran is qualified to report observable symptoms and, for the purposes of this examination, please assume the Veteran’s reports to be accurate and credible.

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A detailed explanation (rationale) is required for all opinions provided and is very much appreciated.  (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation.)

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	David Arritt, 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.