Citation Nr: 21067078 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 16-05 100 DATE: November 3, 2021 REMANDED Entitlement to an increased evaluation in excess of 50 percent for depressive disorder with anxiety disorder is remanded. REASONS FOR REMAND The Veteran served in active-duty service with the Army from August 1977 to January 1987. This matter is on appeal from an October 2014 rating decision. The Board notes that the Veteran had requested and was scheduled for a July 2021 Board hearing; however, the Veteran was noted to have canceled his hearing, did not request postponement of the hearing, and did not request for the hearing to be rescheduled. As such, his hearing request is deemed withdrawn. 38 C.F.R. § 20.704 (d). Review of the record shows the Veteran was last afforded a VA examination in September 2014. In a March 2015 notice of disagreement (NOD), the Veteran reported that his medication usage has increased with continued panic attacks and continuous depressive mood affected his ability to function. In a February 2016 form 9 statement, the Veteran reported that his condition had intensified to include an increase in medication. While the Board is not required to direct a new examination simply due to the passage of time, a new examination is appropriate when the claimant asserts that the disability in question has undergone an increase in severity since the last examination. See Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Given the Veteran's claim that his depression has worsened, the Board finds that a remand is warranted to ascertain the current severity of his condition. The Board also notes that an October 2020 Social Security Administration (SSA) inquiry shows the Veteran was granted a May 2020 entitlement with a disability onset date of August 2004. Review of the claims record shows SSA records were associated with the claims record in April 2014 that show a disability determination in October 2013 determining an onset date in July 2013; however, the record does not show that SSA records relating to the May 2020 entitlement have been associated with the claims record. As noted above, the Veteran has stated that his service-connected depressive disorder has affected his ability to function. As the SSA records may provide pertinent evidence as to the issues of the Veteran's claim for increased rating for a depressive disorder, the Board finds that remand is also warranted to verify and obtain outstanding records to associated with the claims record. The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all updated and outstanding treatment records. 2. Confirm with the Social Security Administration (SSA) whether the Veteran is receiving SSA disability benefits, obtain the Veteran's SSA records pertinent to the Veteran's claims for a depressive disorder, and associate them with the Veteran's claims file. All records/responses received must be associated with the electronic claims file. (a.) If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159(e). 3. Schedule the Veteran for a VA examination to ascertain the current severity and manifestations of his acquired psychiatric disorder. The examiner should carefully consider the Veteran's lay statements regarding his condition and the effects on his occupational and social functioning. 4. After completion of the above and any additional development deemed necessary, the issues on appeal should be reviewed with consideration of all applicable laws and regulations. If any benefit sought remains denied, the Veteran should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board for appellate review MICHAEL LANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Yang, Attorney-Advisor 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.