Citation Nr: 21008818 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 15-24 874 DATE: February 18, 2021 REMANDED Entitlement to an initial disability rating in excess of 30 percent from November 1, 2013 to July 18, 2019, and a rating in excess of 70 percent thereafter, for anxiety disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1983 to October 2013. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2015 rating decision by the Department of Veterans Affairs (VA). This case was remanded in July 2018 and April 2020 for further development; it has since been re-assigned to the undersigned. The Board finds that further development is needed before it can proceed with adjudication. As stated above, the Board remanded this matter most recently in April 2020 for further development. However, remand is again needed to comply with the April 2020 remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). In particular, the Board notes that the prior remand requested that the AOJ return this matter to the July 2019 examiner and obtain an addendum opinion regarding the severity of the Veteran’s unspecified anxiety disorder. The examiner was asked to opine as to the levels of social and occupational impairment caused by the Veteran’s unspecified anxiety disorder from November 2013 to the present. Any opinion expressed by the examiner must be accompanied by a complete rationale. If the examiner is unable to offer an opinion without resort to speculation, a thorough explanation as to why an opinion cannot be rendered should be provided. The Veteran was provided a VA examination in May 2020 by a different examiner than the July 2019 examination. The examiner stated that he was unable to offer an opinion without resorting to mere speculation regarding the frequency, severity, and duration of symptoms, including onset and progression of symptomatology, employment, and social interactions, including the severity of the Veteran’s unspecified anxiety disorder. The examiner’s rationale was that the July 2019 examiner stated that for the VA established diagnosis of unspecified anxiety disorder, the diagnosis is changed to alcohol use disorder, panic disorder, and unspecified depressive disorder. These are diagnoses that were not previously identified. The Veteran began abusing alcohol in 2013, panic attacks began in 1997, and depression began in 1997. Since the established diagnosis of unspecified anxiety disorder has changed to a different diagnosis, it would be a tedious task to offer an opinion without resorting to mere speculation. The Board finds this rationale inadequate for appellate review. It relies on a confusing statement from the July 2019 examination, which was found to be inadequate for rating purposes by the Board in the April 2020 remand. The July 2019 examiner was unable to consider the Veteran’s prior medical history. Further, the examination was internally inconsistent. The July 2019 examination diagnosed the Veteran with unspecified anxiety disorder, alcohol use disorder, panic disorder, and unspecified depressive disorder. The examiner also noted that the Veteran’s depression “began around the same time as the anxiety.” The examiner did state that “the diagnosis is changed” but provided no further explanation or rationale for that statement. As such, remand is required for an addendum opinion. The matters are REMANDED for the following action: 1. The AOJ should obtain VA and non-VA treatment records. 2. After the above development is completed, the AOJ should obtain an addendum opinion, conducted by a different examiner than the July 2019 examination and April 2020 opinions, to assess the current severity of his service-connected anxiety disorder. The examiner must review the entire record (including this remand) in conjunction with the examination and note such review was conducted. The examiner should provide a full description of the disability and report all signs and symptoms associated with the Veteran’s disability. (a) The examiner should obtain the Veteran’s lay in-service and post-service history, including onset and progression of symptomatology, employment, and social interactions. The examiner must attempt to elicit information regarding the frequency, severity, and duration of symptoms. (b) To the extent possible, utilizing the Veteran’s medical records and lay statements, the examiner should opine as to the levels of social and occupational impairment caused by the Veteran’s unspecified anxiety disorder from November 2013 to the present. For the purposes of this examination, the examiner must consider that the Veteran is service-connected for anxiety disorder and is currently receiving VA treatment for anxiety disorder. A detailed explanation is required to support the opinion. A complete and thorough rationale must be provided for any opinions expressed with consideration given to all evidence of record. If the examiner is unable to offer the opinion requested, he or she must explain in detail why that is the case. If the inability to opine is due to the fact that the examiner lacks the expertise to render such an opinion, or due to the fact that some additional testing or information is needed, and possibly available, that would permit such an opinion, the examiner should clearly and specifically state so, and, if applicable, the examiner should also state precisely what additional testing or information is needed in order to render the requested opinion. Tiffany Dawson Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board I. Kerner, 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.