Citation Nr: A21017242 Decision Date: 10/25/21 Archive Date: 10/25/21 DOCKET NO. 210211-141153 DATE: October 25, 2021 REMANDED Entitlement to an initial compensable rating for mood disorder is remanded. REASONS FOR REMAND The Veteran had active service from March 1956 to March 1985. The rating decision on appeal was issued in October 2020; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies. The Veteran timely appealed this decision to the Board and requested a hearing, which was held on May 20, 2021. As the Veteran requested the hearing lane, the Board may consider evidence at the time of the rating decision dated in October 2020 and evidence submitted at the May 2021 Board hearing, including the Veteran's testimony, and any evidence submitted within 90 days thereafter. Favorable findings include the following: the diagnosis of a mood disorder in a March 2020 rating decision and May 2020 rating decision. The Board is bound by this favorable finding. 38 C.F.R. § 3.104(c). Entitlement to an initial compensable rating for mood disorder. In the instant case, the Regional Office (RO) in the October 2020 rating decision implemented the Board's decision in October 2020 to grant service connection for a mood disorder. The RO assigned an effective date of November 21, 2019, and assigned an initial noncompensable rating pending a VA examination to determine the severity of the disorder. The RO noted that because the October 2019 Disability Benefits Questionnaire (DBQ) examination was based on the DSM-4 criteria rather than the DSM-5 criteria it was deemed insufficient for rating purposes. The RO reiterated that a noncompensable evaluation was assigned pending a VA examination to determine the severity of the disorder. The RO stated "(w)e will schedule you an examination." A document labeled email correspondence in March 2021 consists of a discussion thread in the RO inquiry tracking system that shows it is unclear whether the examination is pending as it indicates that an exam was requested, currently shows as cancelled, and exam history shows "(p)rocessing." The discussion thread concludes with "(p)lease review for further action regarding exam needed to determine current severity." Thus, the status of the VA examination remains unclear. The RO acknowledged in the October 2020 rating decision that there was an inadequacy and a new VA examination per the DSM-5 criteria was necessary to evaluate the Veteran's mood disorder. Under the AMA, the Board must remand a claim to correct an error by the AOJ to satisfy its duty to assist the Veteran under 38U.S.C. §5103A, if the error occurred prior to the AOJ decision on appeal. 38C.F.R. §20.802(a). Under the circumstances of this case, the Veteran should be afforded a VA psychiatric examination and the examiner should evaluate the Veteran's mood disorder under the DSM-5 criteria. The Board recognizes that in the past the Veteran was unable to attend VA examinations due to his health. Should he be unable to attend the VA psychiatric examination, a VA opinion should be obtained and the examiner should evaluate his service-connected mood disorder under the DSM-5 criteria based on the evidence of record. By this remand, the Board makes no determination, express or implied, concerning the credibility of any statements or testimony on file. The matter is REMANDED for the following action: Schedule the Veteran for a VA psychiatric examination to assess the current severity of his service-connected mood disorder per the DSM-5 criteria. A copy of the claims file, to include a copy of this Remand, should be sent to, and reviewed by the examiner. If the Veteran is unable to attend the VA examination obtain a VA opinion and ask the examiner to provide an opinion on the severity of the Veteran's mood disorder based on the evidence of record during the pendency of the appeal. The examiner should provide an accurate and fully descriptive assessment of all psychiatric symptoms and the occupational and social impairment caused by the service-connected mood disorder under the DSM-5 criteria. A full rationale should be provided for all stated medical opinions. If the examiner is not able to provide an opinion, he or she should explain why. Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mac, 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.