Citation Nr: 21064070
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 16-07 593
DATE: October 19, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for an anxiety disorder prior to November 28, 2018, and in excess of 30 percent, thereafter, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1982 to August 2007.

These matters come to the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Denver Colorado. 

In October 2019, the Veteran testified before the undersigned Veterans Law Judge.  A transcript of that hearing has been added to the record.

The Board denied the Veteran's claim in a November 3, 2020 decision, and the Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court).  The parties filed a Joint Motion for Remand (Joint Motion), and a July 2021 Order of the Court vacated the Board's decision that denied the Veteran's claim for an increased rating in excess of 10 percent for an anxiety disorder prior to November 28, 2018, and in excess of 30 percent thereafter, because it did not address evidence favorable to the Veteran.

Entitlement to a rating in excess of 10 percent for an anxiety disorder prior to November 28, 2018, and in excess of 30 percent, thereafter

The parties to the Joint Motion noted that the Board awarded a 30 percent rating for the service-connected anxiety disorder from November 28, 2018, based on a November 28, 2018, VA examination report.  They determined, however, that the Board did not adequately address whether the evidence supported a rating of 30 percent or higher prior to November 28, 2018.  

Furthermore, the parties determined that the Board did not provide an adequate statement of reasons or bases for its determination that a rating in excess of 30 percent from November 28, 2018, was not warranted.  Specifically, at the October 2019 Board hearing, the Veteran testified to the effects of his anger on his marriage and also that he did not have many friends.  

In light of these findings, the Board concludes that a new examination is warranted to determine the current nature and severity of the Veteran's service-connected anxiety disorder.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination to determine the current nature and severity of his service-connected anxiety.  The examiner must perform psychometric testing and discuss the results in the examination report.  The examiner should also review the prior VA examination reports.  All pertinent findings and functional impairment, to include the severity of the disorder, must be reported in detail.

 

 

Michael J. Skaltsounis

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Daniels, 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.