Citation Nr: 21066627 Decision Date: 11/01/21 Archive Date: 11/01/21 DOCKET NO. 16-53 680A DATE: November 1, 2021 REMANDED Entitlement to an initial rating in excess of 30 percent for major depressive disorder (MDD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1969 to March 1978, including service in the Republic of Vietnam. This matter on appeal before the Board of Veterans' Appeals (the Board) arises from a March 2014 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection and assigned an initial 30 percent rating for major depressive disorder. In a July 2019 decision, the Board denied entitlement to an initial rating in excess of 30 percent for the Veteran's service-connected MDD. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In an April 2021 memorandum decision, the Court vacated the Board's July 2019 decision denying entitlement to an initial rating in excess of 30 percent for MDD and remanded the matter for readjudication consistent with the decision. Unfortunately, the claim on appeal must be remanded for further development. Although the Board regrets the additional delay, it is necessary to ensure that there is a complete record upon which to decide this issue so that the Veteran is afforded every possible consideration. 1. Entitlement to a rating in excess of 30 percent for major depressive disorder is remanded. The Veteran seeks an initial rating higher than 30 percent for his service connected MDD. The Veteran contends that he is entitled to a higher rating because his psychiatric symptoms are more severe than contemplated by his currently assigned rating. The Veteran last underwent a VA examination to assess the current severity of his major depressive disorder in July 2017, approximately four years ago. Significantly, in an August 2017 VA psychiatry note, the Veteran reported experiencing suicidal ideation several times a week and feeling "very irritable for several weeks" to the point that it had begun to impact his family. Such symptoms strongly suggest a worsening since the prior examination. Accordingly, the Board finds that remand is appropriate to afford the Veteran a contemporaneous VA examination to assess the current severity of his major depressive disorder prior to appellate review of the claim. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also Green v. Derwinski, 1 Vet. App. 121, 124 (1991) (VA has a duty to provide the Veteran with a thorough and contemporaneous medical examination); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (an examination too remote for rating purposes cannot be considered "contemporaneous"). In addition, the most recent VA psychiatry records associated with the claims file are dated in October 2017. On remand, all outstanding, pertinent VA treatment records must be obtained and associated with the claims file. Accordingly, the matter is REMANDED for the following action: 1. Associate with the claims file all outstanding, pertinent VA treatment records dated from October 2017 to the present. 2. Then, schedule the Veteran for a VA examination with a medical professional of appropriate expertise to assess the current nature and severity of his service-connected major depressive disorder. The VA examiner must review the claims file, to include the Veteran's VA treatment records, and that review should be noted in the examination report. A complete history of symptoms must be elicited from the Veteran. After thorough examination and interview of the Veteran, to include conducting any studies and/or tests deemed necessary, the examiner is asked to: (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) Provide an opinion as to the Veteran's current level of social and occupational impairment due to his service-connected major depressive disorder. In providing this opinion, the examiner must provide concrete examples of functional impairments caused by his disability. (Continued on the next page) The examiner is reminded that the Veteran's statements regarding his medical history and current symptomology must be recorded and taken into consideration. A full and complete explanatory rationale must be provided for any opinion offered. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Rosenthal, Ariana 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.