Citation Nr: 21075851 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 17-54 495 DATE: December 21, 2021 REMANDED A rating higher than 70 percent for persistent depressive disorder with anxious features is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1990 to March 1996. This case returns to the Board of Veterans' Appeals (Board) after a remand to the agency of original jurisdiction (AOJ) in May 2021. On remand, the AOJ granted a total disability rating based on individual unemployability (TDIU), from October 7, 2015. See July 2021 Rating Decision. The Board finds that this constitutes a full grant of the benefit soughti.e., entitlement to a TDIU for the entire period on appeal. Thus, the TDIU issue is no longer before the Board. Payne v. Wilkie, 31 Vet. App. 373 (2019); Harper v. Wilkie, 30 Vet. App. 356 (2018). Increased Rating for Persistent Depressive Disorder with Anxious Features The Veteran continues to seek a rating higher than 70 percent for service-connected persistent depressive disorder with anxious features. See e.g. September 2021 Statement in Support of Claim. In a November 2021 brief, the Veteran's representative requested remand for another medical examination, if necessary, to determine the severity of her current symptoms. The representative stated that the disability is progressively worsening and the symptoms are increasingly chronic. These statements are consistent with the Veteran's September 2020 hearing testimony. At that time, the Veteran testified that her depression and stress have increased since the COVID-19 pandemic. She also testified that she receives ongoing mental health treatment through VA. The Veteran's most recent VA mental health disorders examination was in June 2019, before the beginning of the pandemic. Likewise, the most recent medical records on file are from mid-2019. Based on the Veteran's statements, the Board finds that the 2019 examination may not accurately reflect the current level of severity of her mental disorder. Remand for a new examination is warranted. Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Additionally, the Veteran's testimony suggests there are outstanding VA treatment records that are relevant to this appeal. On remand, the AOJ should obtain any such records and make them available to the examiner. The Board by this remand makes no determination, expressed or implied, concerning the credibility of any statements on file. The matter is REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from June 2019 to the present. Associate them with the claims file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected persistent depressive disorder with anxious features. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to her service-connected psychiatric disorder alone. 3. Review the examination above to ensure substantial compliance with the Board's directives. Take any necessary corrective action. 4. Readjudicate the Veteran's claim. Allow the Veteran and her representative the opportunity to respond. Then return to the Board for further appellate review, as necessary. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.Z. Wall, 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.