Citation Nr: 21076134
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 13-33 075
DATE: December 22, 2021

REMANDED

Entitlement to a rating in excess of 70 percent for depressive disorder beginning July 13, 2009 is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Army from January 1984 to April 1988. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in January 2019. A transcript of the hearing is associated with the electronic claims file. 

In May 2019 the Board issued a decision on this claim. Following an appeal to the Court of Appeals for Veteran's Claims (Court) a Joint Motion for Partial Remand (Joint Motion) was issued vacating portions of the Board's May 2019 decision in April 2020. In October 2020, the Board issued another decision denying this claim. However, in June 2021, the Court granted another Joint Motion vacating portions of the October 2020 decision.

1. Entitlement to a rating in excess of 70 percent for depressive disorder beginning July 13, 2009 is remanded.

In the June 2021 Joint Motion, the parties agreed that the "Board failed to provide adequate reasons and bases" (1) when it failed to discuss symptoms identified that support a 100 percent rating in the Veteran's May 2019 private examination; (2) did not consider the Veteran's alcohol use disorder; (3) did not address the Veteran's longstanding unemployment; and (4) found that the Veteran was capable of managing his own finances. Accordingly, remand is warranted to obtain another medical opinion. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion based on a review of the record only from a psychiatrist, M.D. regarding the Veteran's depressive disorder. The examiner should be given a copy of the Veteran's entire claims file and a note that such was reviewed should be included in his or her report. The examiner should answer the following questions:

(a.) Based on a review of the records, did the Veteran at any time beginning July 13, 2009 and thereafter, meet any of the criteria for a 100 percent rating (i.e. total occupational and social impairment, due to symptoms such as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation, or own name) for his depressive disorder?

(b.) If so, 

i.	Please list the date at which this occurred. 

ii.	Provide an opinion as to whether the Veteran is capable of managing his own finances.

In formulating an opinion, the examiner should specifically consider and address: (1) the June 2010, March 2013, January 2016, and May 2017 VA examinations; (2) the December 2018 opinion; (3) the January 2019 private opinion; and (4) the May 2019 private opinion. 

A detailed rationale for the opinion(s) reached must be provided.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Ruiz, 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.