Citation Nr: 21022792
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 16-34 624
DATE: April 19, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for dysthymic disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from October 1967 to August 1970 and in the U.S. Air Force from May 1975 to May 1979 and from May 1983 to September 1988.  This matter comes before the Board of Veterans’ Appeals (Board) from a November 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In a July 2019 decision, the Board denied the Veteran’s claim for entitlement to a rating in excess of 30 percent for dysthymic disorder.  The Veteran appealed that decision to the U.S. Court of Appeals for Veterans Claims (Court).  In April 2020, the Court granted the parties’ joint motion for partial remand (JMPR), vacated the Board’s July 2019 decision concerning the denial of entitlement to an increased rating for dysthymic disorder, and remanded the matter to the Board for review.  

In the July 2019 decision, the Board also remanded the issues of service connection for left knee disability, service connection for sleep apnea, and entitlement to a rating in excess of 10 percent for left lower extremity radiculopathy for additional development.  The matters have not been returned to the Board for review and the Veteran submitted a higher-level review request with the RO following a January 2021 supplemental statement of the case.  Accordingly, the Board will not address these matters at this time.

In the JMPR, the parties determined that the Board erred by not providing the Veteran a contemporaneous VA examination for his dysthymic disorder.  The parties noted that the Veteran was last provided a VA psychiatric examination in 2012 and review of the record indicated increased symptomatology since that examination.  Accordingly, remand is required for a new VA examination to evaluate the Veteran’s dysthymic disorder. 

On remand, the RO should also request the updated VA treatment records.  

The matter is REMANDED for the following action:

1. Request updated VA treatment records.

3. Thereafter, schedule the Veteran for a VA examination for his dysthymic disorder.  The claims folder must be made available for review and the examiner must note all manifestations concerning the Veteran’s dysthymic disorder.

4. Then, readjudicate the remanded issue.  If the issue remains denied, return the matter to the Board for appellate review if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Seay, 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.