Citation Nr: 21032802
Decision Date: 05/28/21	Archive Date: 05/28/21

DOCKET NO. 17-63 246
DATE: May 28, 2021

REMANDED

Entitlement to a rating higher than 50 percent for dysthymic disorder with anxiety disorder, NOS, 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 September 1992 to July 1994. 

In an August 2015 rating decision, the RO denied an increased evaluation for dysthymic disorder with anxiety disorder and TDIU.  The Veteran timely appealed the decision in April 2016, a statement of the case was issued in November 2017, and the Veteran timely perfected her appeal later that month.  

In September 2020, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge.  A copy of the hearing transcript is of record and has been reviewed.  Although the record was left open for the Veteran to submit additional private medical evidence, no additional evidence was forthcoming.  

A remand is necessary to provide the Veteran with a new VA examination to help determine the current severity of the service-connected dysthymic disorder.  The Veteran was last provided a VA examination in September 2017 in connection with her claim for an increased evaluation for her service-connected dysthymic disorder.  Given the lay reports in the record and at the Veteran's hearing testimony that symptoms of her service-connected dysthymic disorder had worsened since the last compensation examination, the Board finds that a remand is necessary to obtain a new VA examination to help determine the current severity of the disorder.  See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997).

The issue of entitlement to a TDIU is inextricably intertwined with the issue being remanded.  Therefore, adjudication of TDIU must be deferred pending the proposed development.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991) (the adjudication of claims that are inextricably intertwined is based upon the recognition that claims related to each other should not be subject to piecemeal decision-making or appellate litigation).

The matters are REMANDED for the following action:

1. Ensure all outstanding VA treatment records are associated with the claims file.

2.  Then, provide the Veteran with a VA mental health examination to determine the current extent and severity of the service-connected dysthymic disorder with anxiety disorder, NOS.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials.  

After a careful review of the record and examination of the Veteran, the examiner is asked to determine the current level of severity of the Veteran's service-connected dysthymic disorder with anxiety disorder, NOS, to include any impact on her ability to perform work or worklike tasks.  

Thereafter, readjudicate the remanded claims.

 

 

S. B. MAYS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Beach, 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.