Citation Nr: 21001841 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 16-31 847 DATE: January 12, 2021 REMANDED Entitlement to an initial disability rating higher than 30 percent for a mood disorder is remanded. REASONS FOR REMAND The Veteran had active military service from January 1968 to March 1971. In June 2019, the Board denied both a claim for an initial disability rating higher than 10 percent for tinnitus, to include on an extraschedular basis, and an initial disability rating higher than 30 percent for a mood disorder. The Veteran appealed the June 2019 Board decision and in July 2020, the parties filed a Joint Motion for Partial Remand (JMPR) to the Court of Appeals for Veterans Claims (CAVC). In July 2020, CAVC granted the parties JMPR, to vacate the portion of the June 2019 Board decision that denied entitlement to a rating higher than 30 percent for a mood disorder. The parties agreed that the Board erred by not providing an adequate statement of reasons or bases for the denial and failed in its duty to assist by not obtaining potentially pertinent private treatment records. The Veteran’s appeal to CAVC for entitlement to a rating higher than 10 percent for tinnitus was withdrawn and dismissed. Entitlement to a disability rating higher than 30 percent for a mood disorder is remanded In denying the claim for a rating higher than 30 percent, the JMPR found that the Board did not explain how it determined that the Veteran’s memory loss was mild or that his memory loss and concentration problems did not result in occupational impairment consistent with a higher rating. In addition, the JMPR found the Board failed to satisfy the duty to assist to obtain records relating to his mood disorder. The Board observes that potentially relevant treatment records need to be associated with the claims file. Specifically, a February 3, 2012 letter from M. W., a clinical social worker and readjustment counseling therapist at Clearwater Vet Center, noted that the Veteran had been receiving weekly counseling sessions since September 2011. However, no efforts were made to obtain those records. Additionally, efforts should be made to obtain any other outstanding and potentially relevant treatment records, including those reported in the Veteran’s Summary of Issues, submitted in July 2020. As such, a remand is required to obtain authorization and request these records. The matter is REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for Clearwater Vet Center, Integrity Counseling & Coaching, and T. M., M.A., L.M.H.C., and any other relevant non-VA treatment facility. Make two requests for the authorized records from those facilities, unless it is clear that after the first request that a second request would be futile. 2. The Veteran should also be afforded the opportunity to identify and/or submit any outstanding private treatment records pertinent to his claim. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected mood disorder. 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 is asked 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 mood disorder alone. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Krista Johnson, 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.