Citation Nr: 21014658
Decision Date: 03/15/21	Archive Date: 03/15/21

DOCKET NO. 16-23 188
DATE: March 15, 2021

REMANDED

Entitlement to a rating in excess of 50 percent for service-connected unspecified depressive disorder from December 18, 2013 and in excess of 70 percent from October 30, 2015 is remanded.

Entitlement to a total disability based on individual unemployability (TDIU) prior to October 30, 2015 is remanded.

Entitlement to special monthly compensation (SMC) prior to October 30, 2015 is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Marine Corps from August 2002 to September 2002 and the United States Army from November 2008 to April 2012.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision and an April 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

In April 2020, the Veteran and his spouse testified at a video-hearing before the undersigned.  A transcript is of record.

1. Entitlement to a rating in excess of 50 percent for service-connected unspecified depressive disorder from December 18, 2013 and in excess of 70 percent from October 30, 2015 is remanded.

The Veteran was last examined for purposes of assessing the severity of his unspecified depressive disorder in August 2015 (the Board notes that the Veteran was afforded a separate VA examination for his posttraumatic stress disorder claim in June 2019).  During his April 2020 hearing, the Veteran’s spouse testified that the Veteran was experiencing worsening symptomology such as auditory hallucinations.  Under the circumstances, a new examination is warranted.  See, e.g., Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

2. Entitlement to a TDIU prior to October 30, 2015 is remanded.

3. Entitlement to SMC prior to October 30, 2015 is remanded.

Because the development sought in connection with the Veteran’s claim for a higher rating for his unspecified depressive disorder may impact his TDIU and SMC claim, the Board finds the issue to be intertwined.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); Holland v. Brown, 6 Vet. App. 443 (1994); Henderson v. West, 12 Vet. App. 11 (1998).  As such, the TDIU claim will be remanded as well.

The matters are REMANDED for the following action:

1. Assist the Veteran with uploading updated treatment files.

2. Arrange to have the Veteran scheduled for a VA psychiatric examination for purposes of assessing the current severity of his unspecified depressive disorder.  The examiner should provide a full description of the Veteran’s associated functional impairments as they relate to his ability to engage in occupational and social activity.

3. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the issues remaining on appeal should be readjudicated based on the entirety of the evidence.  If the benefit(s) sought remains denied, the Veteran and his representative should be issued a supplemental statement of the case.  An appropriate period of time should be allowed for response.

 

 

Shereen M. Marcus

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	R. Gandhi, 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.