Citation Nr: 21027161
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 16-26 584
DATE: May 4, 2021

REMANDED

A rating greater than 50 percent for anxiety disorder is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1976 to October 1980.

A Board hearing was held in July 2019.  Due to audio malfunctions the transcript is unavailable.  In February 2021, the Veteran declined an additional Board hearing.  

1. Increased Rating for Anxiety Disorder

The Veteran was last examined by VA in July 2014 and there are limited treatment records in evidence since that time.  Of the limited treatment records, an October 2015 VA treatment record includes a report of serious thoughts of suicide, indicating the Veteran's disability has increased in severity since he was last examined.  The Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of his anxiety disorder.

2. TDIU

Because a decision on the remanded issue of an increased rating for an anxiety disorder could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined, and a remand of the claim is required.

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected anxiety disorder.  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 must attempt to elicit information regarding the severity, frequency, and duration of symptoms.  To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his anxiety disorder alone.

 

 

DONNIE R. HACHEY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	E. Mine, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.