Citation Nr: 21065876 Decision Date: 10/27/21 Archive Date: 10/27/21 DOCKET NO. 17-33 858 DATE: October 27, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for major depressive disorder, recurrent mild with anxious distress is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from September 1964 to November 1968 with service in the Republic of Vietnam. This matter is before the Board of Veterans' Appeals (Board) on appeal from a February 2017 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for major depressive disorder, recurrent mild with anxious distress (claimed as posttraumatic stress disorder and depression), and assigned an initial 30 percent rating, effective June 22, 2016. The Veteran initially requested a Board hearing in his June 2017 VA Form 9, however he withdrew his request in a July 2020 letter from this attorney. 1. Entitlement to an initial rating in excess of 30 percent for major depressive disorder, recurrent mild with anxious distress is remanded. The Veteran contends that his service-connected major depressive disorder is more severe than contemplated by the currently-assigned 30 percent rating. The Board notes that the Veteran last underwent a VA acquired psychiatric disorder examination in September 2016. Given the assertion of increased symptomatology, a remand is required to afford the Veteran a contemporaneous VA examination to assess the current severity of his claimed disability. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); Green v. Derwinski, 1 Vet. App. 121, 124 (1991). In an August 2020 brief, the Veteran's attorney asserts that the Veteran meets the criteria for a diagnosis of PTSD based on his reported stressors in Vietnam. However, the Veteran has already been granted service connected for major depressive disorder, recurrent mild with anxious distress, and all his psychiatric symptoms are already rated pursuant to the General Rating Formula for Mental Disorders under 38 C.F.R. § 4.130 (providing that all psychiatric symptoms and social and occupational impairment are to be rated together under the General Rating Formula for Mental Disorders). Therefore, whether the Veteran meets the criteria for a diagnosis of PTSD, such finding would not result in additional compensation for the Veteran because it would not result in a separate rating for PTSD symptoms and impairment alone because all service-connected psychiatric symptoms must be rated together under the General Rating Formula for Mental Disorders at 38 C.F.R. § 4.130. See 38 C.F.R. § 4.14 (pyramiding, that is the rating of the same disability, or the same manifestation of a disability, under different diagnostic codes, is to be avoided when rating a veteran's service-connected disability). The matter is REMANDED for the following actions: 1. Obtain all outstanding VA treatment records. 2. Schedule the Veteran for a VA examination with an examiner of appropriate expertise to assess the current severity of the Veteran's major depressive disorder. The examiner should review the entire claims file, including a copy of this remand, prior to performing the examination, and the examination report should reflect that a review was completed. All indicated studies, tests, and evaluations must be conducted, and all findings reported in detail. A complete history of symptoms must be elicited from the Veteran. Thereafter, the examiner is asked to respond to the following: (a) Report the extent and severity of the signs and symptoms of the Veteran's major depressive disorder in accordance with VA rating criteria. In this regard, the examiner must complete the corresponding VA disability benefits questionnaire (DBQ). (b) Specifically, the examiner must provide an opinion as to the Veteran's current level of social and occupational impairment due to his acquired psychiatric disability. In offering this opinion, the examiner should provide concrete examples of functional impairments caused by his disability. The examiner must set forth a complete rationale for any conclusions reached, citing to medical principles and evidence in the Veteran's claims file as necessary. If an opinion cannot be reached without resorting to speculation, the examiner must fully explain why that is so. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ahuva D. Sunshine 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.