Citation Nr: 21075509 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 18-35 951 DATE: December 20, 2021 ISSUE Entitlement to an initial evaluation in excess of 10 percent for service-connected unspecified anxiety disorder. REMANDED Entitlement to an initial evaluation in excess of 10 percent for service-connected unspecified anxiety disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from May 2005 to June 2016. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an May 2017 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran provided testimony before the undersigned Veterans Law Judge at a July 2021 video conference Board hearing. The hearing transcript has been associated with the record. For the reasons explained below, the Board finds that further evidentiary development is required before the claim on appeal can be adjudicated. 1. Entitlement to an initial evaluation in excess of 10 percent for service-connected unspecified anxiety disorder is remanded. The Veteran contends that his unspecified anxiety disorder is more severely disabling than reflected in the currently assigned 10 percent rating. In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. § 4.1; Peyton v. Derwinski, 1 Vet. App. 282 (1991). As a result, a complete medical history of the Veteran is required for a ratings evaluation. This is in order to protect claimants against adverse decisions based on a single, incomplete, or inaccurate report and to enable VA to make a more precise evaluation. Schafrath v. Derwinski, 1 Vet. App. 589 (1991). The Veteran was last afforded a VA examination for other his service- connected unspecified anxiety disorder in March 2018. Subsequently, during the July 2021 Board hearing the Veteran and his wife credibly testified that they believe that his unspecified anxiety disorder may be worsening. Specifically, the Veteran testified that his anxiety has impacted his ability to establish and maintain relationships at work, and that his boss has commented on his need to work on his relationship building. The Veteran also testified that he has been suffering from panic attacks which interfere with his daily life. His wife testified that because of his panic attacks he is afraid to drive anywhere with their son alone, for fear that he may suffer from an attack. His wife also testified that the Veteran has become much hypervigilant when it comes to his family and their safety and will engage in behavior such as constantly checking doors to make sure they are shut. The United States Court of Appeals for Veterans Claims has held that when a Veteran alleges that his service-connected disability has worsened since the last examination, a new examination may be required to evaluate the current degree of impairment. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Therefore, as the Veteran has alleged worsening of his symptoms since he last underwent a mental disorder VA examination in March 2018, he should be afforded a new VA examination to assess the current nature, extent and severity of his service- connected unspecified anxiety disorder. The matters are REMANDED for the following action: 1. Obtain any outstanding and relevant private and/or VA treatment records. Should such exist, associate such with the claims file. 2. Please schedule the Veteran for a VA examination by an appropriate examiner to determine the current degree of severity of his service-connected other unspecified anxiety disorder. The claims folder and this remand must be made available to the examiner for review, and the examination report must reflect that such a review was undertaken. The examiner must attempt to elicit information regarding the severity, frequency, and duration of any symptoms. The examiner should also comment on the Veteran's ability to function in occupational and social environments. Attention is invited to the Veteran and his wife's July 2021 Board hearing testimony. A complete rationale should be provided for all opinions expressed. (Continued on next page.) 3. Thereafter, readjudicate the issue on appeal. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period to respond. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Nettey, Associate 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.