Citation Nr: 21021819 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 14-26 753 DATE: April 14, 2021 REMANDED A disability rating in excess of 70 percent for generalized anxiety disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1992 to May 2012. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) which granted service connection for generalized anxiety disorder and assigned an initial 30 percent rating. While the appeal was pending the RO increased the initial rating to 70 percent disabling in an August 2019 rating. In a December 2019 decision the Board denied an initial rating in excess of 70 percent disabling for his generalized anxiety disorder. The Veteran appealed the denial to the Court of Appeals for Veterans Claims which in a November 2020 decision granted a Joint Motion for Partial Remand (JMR) addressing this issue. An issue of entitlement to a total disability rating due to individual employability that was remanded by the Board in its December 2019 decision, was later granted in full, effective from initial entitlement. This matter, having been granted in full throughout the entire appeal period is no longer in appellate status. Increased rating for generalized anxiety disorder is remanded. As pointed out by the JMR, there were evidentiary deficiencies. First, the March 2019 VA examination did not consider the Veteran’s anxiety disorder under the criteria of the Diagnostic and Statistical Manual of Mental Disorders (DSM) IV. As noted by the Board in its December 2019 decision, this appeal was certified prior to the August 4, 2014 implementation of the DSM-V by the VA, thus the DSM-IV should have been applied. See Golden v. Shulkin, 29 Vet. App. 221 (2018) (explaining that the final rule amending the rating schedule for mental disorders to comply with the DSM-V does not apply to claims pending before the Board, Court, of the Federal Circuit prior to August 4, 2014). Thus, remand is indicated to ascertain the current severity of the Veteran’s anxiety disorder with consideration of the criteria under the DSM-IV, including addressing the Veteran’s current Global Assessment of Functioning (GAF) which is used under the DSM-IV. Additionally, the VA examiner should address the lay and medical evidence which were pointed out by in the JMR to possibly suggest more severe symptoms, to include the September 18, 2017 lay statement from the Veteran’s mother describing symptoms including issues with socializing and problems with “scrambled” thought processes and apparent neglect of hygiene and other daily activities; the Veteran’s September 2017 hearing testimony regarding panic attacks 12-15 times a month and issues with motivation his mind is “occupied with anxiety” and medical evidence including records discussing the frequency of panic attack including from December 2014 (two to three panic attacks per week), April 2017 (10 panic attacks per month) and August 2018 (5-15 panic attacks per month). Additionally, given the need to obtain a new VA examination to address this matter, an attempt should be made to obtain any outstanding medical treatment records pertinent to this claim. The matters are REMANDED for the following action: 1. Obtain any identified and outstanding records, to include any additional VA records pertinent to this matter since October 2019. 2. Schedule the Veteran for a VA psychiatric examination with a psychologist or psychiatrist to determine the current severity of his generalized anxiety disorder with consideration of the criteria under the DSM-IV (including addressing GAF scores) which was in effect during the pendency of this appeal. The examiner should review the Virtual folder and note such review in the examination report or addendum to the report. The examiner should be asked to comment on the severity of the Veteran’s disability, and specify the degree of occupational or social impairment due to his service-connected generalized anxiety disorder. Examination findings should be reported to allow for evaluation of his disability under 38 C.F.R. § 4.130, Diagnostic Code 9400, and the examiner should specifically comment on any difficulty establishing and maintaining effective work and social relationships due to his generalized anxiety disorder. (Continued on the next page)   The examiner should also address the lay evidence pertaining to the severity of his symptoms including his mother’s September 18, 2017 lay statement, his September 2017 hearing testimony, and medical evidence pertaining to the severity of his symptoms including (but not limited to) the records from December 2014, April 2017 and August 2018 which discuss the frequency of panic attacks. All opinions should be accompanied by adequate rationale. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Eckart 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.