Citation Nr: 21076811 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 20-29 764 DATE: December 27, 2021 REMANDED The issue of entitlement to an initial evaluation in excess of 50 percent for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1962 to July 1965. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision that granted service connection for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia with an evaluation of 30 percent effective August 31, 2015. In a January 2021 decision, the Board granted an initial increased evaluation of 50 percent effective August 31, 2015. The Veteran appealed the denial of an evaluation in excess of 50 percent for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia to the United States Court of Appeals for Veterans Claims (Court). The parties agreed that the Board erred by not properly serving the Veteran's representative with the 90-day notice under 38 C.F.R. § 1.525(d) and 19.36 and filed a Joint Motion for Partial Remand (JMPR). In the September 2021 order granting the JMPR, the Court vacated the Board's January 2021 decision and remanded the matter for readjudication consistent with the JMPR. In a September 2021 appeal notification letter, the Board provided the Veteran and his representative with the required 90-day notice under 38 C.F.R. § 1.525(d) and 19.36. The representative submitted additional argument in an October 2021 correspondence. In response to the appeal notification letter, the Veteran, through his representative, indicated he had no additional evidence or argument to submit and waived any remaining time to submit the same. See November 22, 2021, Correspondence. This case has been advanced on the docket pursuant to 38 C.F.R. § 20.902(c). 1. The issue of entitlement to an initial evaluation in excess of 50 percent for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia is remanded. The Board is unable to make a fully informed decision on the issue of entitlement to an initial evaluation in excess of 50 percent for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia. The Veteran was afforded VA examinations in February 2016 and October 2018. The February 2016 examiner found the symptoms the Veteran experienced as a result of his service-connected acquired psychiatric disorder were depressed mood, anxiety, chronic sleep impairment, and disturbance of motivation and mood. The examiner described that the Veteran also experienced other symptoms such as worrying all the time, restlessness, irritability with his family, difficulty making decisions, and an intense fear of flying. He noted no history of suicidal or homicidal ideation, intent, or plan. The October 2018 examiner noted the Veteran described current symptoms of crying spells once or twice per month, worrying about everything, anger, argumentativeness, fear and avoidance of flying, and irritability. He found the Veteran presented with no current suicidal ideation, but noted the Veteran reported the last suicidal ideation occurred a few months prior to the examination. The examiner did not provide any additional information regarding the severity and frequency of the Veteran's reported suicidal ideation. Despite the Veteran's report of symptoms, the examiner concluded that anxiety was the only symptom that actively applied to the Veteran's diagnosis of generalized anxiety disorder and specific phobia. The Board finds that it lacks sufficient information to rate the Veteran's symptoms under the rating criteria for an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia. The Veteran's report of suicidal ideation during the October 2018 examination is the only indication of suicidal ideation reported by the Veteran in the medical and lay evidence of record. A review of VA treatment records from August 2015 to November 2021 demonstrate the consistent denial of a history of or current suicidal ideation, intent, or plan by the Veteran. However, the Veteran's representative also asserted that the Veteran had suicidal ideations in his October 2021 correspondence, suggesting a possible increase in severity of the Veteran's acquired psychiatric disorder. "VA must engage in a holistic analysis" of the severity, frequency, and duration of the signs and symptoms of the veteran's mental disorder, determine the level of occupational and social impairment caused by those signs and symptoms, and assign an evaluation that most nearly approximates that level of occupational and social impairment. Bankhead v. Shulkin, 29 Vet. App. 10, 22 (2017). The Board cannot determine the severity, frequency, and duration of the signs and symptoms associated with the Veteran's generalized anxiety disorder and specific phobia, to include whether the Veteran's suicidal ideations are of the severity and frequency to cause occupational and social impairment with deficiencies in most areas. A remand is warranted for a new examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for a new examination to determine the severity of his acquired psychiatric disorder to include generalized anxiety disorder and specific phobia. The examiner should review the claims file and address the following: 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 should attempt to elicit information regarding the severity, frequency, and duration of symptoms, to include suicidal ideations. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to an acquired psychiatric disorder to include generalized anxiety disorder and specific phobia. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Ball Jackson, 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.