Citation Nr: 21074127 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 16-58 856A DATE: December 14, 2021 REMANDED Entitlement to an increased rating in excess of 30 percent for an acquired psychiatric condition, to include unspecified depressive disorder, prior to November 5, 2019, is remanded. Entitlement to an increased rating in excess of 50 percent for an acquired psychiatric condition, to include unspecified depressive disorder, from November 5, 2019, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from July 1966 to July 1969. 1. Entitlement to an increased rating in excess of 30 percent for an acquired psychiatric condition, to include unspecified depressive disorder, prior to November 5, 2019, is remanded. 2. Entitlement to an increased rating in excess of 50 percent for an acquired psychiatric condition, to include unspecified depressive disorder, from November 5, 2019, is remanded. With regard to the claim for increased rating for a psychiatric disability, the Veteran was provided the most recent VA examination in November 2019, more than two years ago. The Board recognizes that, generally, the mere passage of time is not a sufficient basis for a new examination. Palczewski v. Nicholson, 21 Vet. App. 174 (2007). However, when available evidence is too old for an adequate evaluation of the current condition, VA's duty to assist includes providing a more current examination. Weggenmann v. Brown, 5 Vet. App. 281 (1993). Here, the Board finds that not only is the last examination remote, but the examination appears to no longer indicate the Veteran's current level of disability. Specifically, the Veteran's representative has submitted statements indicating that the previous examination no longer contemplates the Veteran's full array of symptoms. Therefore, the Board finds that more current examination is needed. Consequently, after all outstanding medical records are associated with the claims file, a more contemporaneous examination is needed to rate the Veteran's claim for an increased rating. Allday v. Brown, 7 Vet. App. 517 (1995); Caffrey v. Brown, 6 Vet. App. 377 (1994); Snuffer v. Gober, 10 Vet. App. 400 (1997). 3. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. With regard to the claim for TDIU, as the claim for increased rating for a psychiatric disability is being remanded for additional development, the outcome of this claim could have a direct bearing on the claim for TDIU. Therefore, the Board finds that the claims remanded are inextricably intertwined with any analysis of the claim for TDIU. Accordingly, since those claims are being remanded, the Board finds that it would be potentially prejudicial to the Veteran for the Board to consider the claim for TDIU prior to a resolution of the other claim. Bernard v. Brown, 4 Vet. App. 384 (1993); Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Obtain all outstanding treatment records pertinent to the claim, to include any private records identified by the Veteran. 2. Schedule the Veteran for a VA examination to assess the current nature and severity of his psychiatric conditions, which was last examined in November 2019. The examiner must review the claims file and should note that review in the report. The examiner should opine regarding the levels of social and occupational impairment caused by any psychiatric disability and should describe the symptoms, and the frequency and severity of those symptoms, that causes those levels of impairment. The examiner should provide a complete rationale for all conclusions reached. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the service-connected disabilities prevent the Veteran from obtaining or maintaining substantially gainful employment, without consideration of any non-service-connected disabilities. If the Veteran is felt capable of work despite the service-connected disabilities, the examiner should state what type of work and what accommodations would be necessary due to the service-connected disabilities. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ziheng Zhu, 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.