Citation Nr: 21074683
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 18-43 288
DATE: December 16, 2021

REMANDED

Entitlement to a disability rating in excess of 70 percent for adjustment disorder, depressed mood, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1983 to September 1989.

In November 2021, the Veteran provided testimony in a virtual Board hearing before undersigned Veterans Law Judge (VLJ). A copy of the hearing transcript is associated with the claims file.

Entitlement to a disability rating in excess of 70 percent for adjustment disorder, depressed mood, is remanded.

The Board finds that remand is warranted to fully assist the Veteran with the development of his claim. During the November 2021 Board hearing, the Veteran testified that he was on disability and retired back in September 2016 because of physical and mental disabilities. The Veteran's Social Security Administration (SSA) records are not associated with the claims file. Thus, an effort must be made to locate and associate any relevant SSA records with the Veteran's claims file. The most recent VA medical records of record are from May 2021, as such updated VA records should also be obtained.

The Veteran was last afforded a VA examination in May 2018 in order to evaluate the severity of his service-connected psychiatric disorder. During the November 2021 Board hearing, the Veteran testified that his psychiatric disorder had gotten worse since his last examination. The Veteran stated that he was willing to attend a new examination. Thus, the Board finds that a remand is necessary to afford the Veteran an opportunity to undergo a VA examination to assess the current nature, extent and severity of his psychiatric disorder.

The matters are REMANDED for the following action:

1. Obtain the Veteran's SSA records, to include the most recent disability determination for SSA benefits and the records upon which the determination was based. All SSA records should be associated with the record. If any of the records requested are unavailable, clearly document the claims file to that effect and notify the appellant of any inability to obtain these records, in accordance with 38 C.F.R. § 3.159(e).

2. Obtain all outstanding VA treatment records, particularly since May 2021, and associate them with the claims file.

3. Schedule the Veteran for a VA examination to evaluate the current severity of his service-connected psychiatric disorder.

 

 

A. P. SIMPSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Cheng, 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.