Citation Nr: 22015654
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 17-67 292
DATE: March 18, 2022

REMANDED

Entitlement to an initial disability rating in excess of 50 percent prior to February 14, 2018 and in excess of 70 percent thereafter for major depression with anxious distress is remanded. 

REASONS FOR REMAND

Having reviewed the record, the Board finds remand is warranted.  During the October 2021 hearing, the Veteran indicated that there are outstanding treatment records that may be pertinent to her claim.  Specifically, she reported that she has received private treatment for her disorder from Phelps R.M.C. and Mercy Clinic.  Additionally, she reports continued treatment at Fort Leonard Wood and Columbia VA medical facilities.  Accordingly, remand is warranted to obtain these records.  

Additionally, the Veteran testified to experiencing gross impairments in thought processes.  As this indicates a potential worsening of symptoms, the Board finds remand is warranted to assess the current severity of the Veteran's major depression and anxious distress. 

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142/21-4142a for Phelps R.M.C., Mercy Clinic, and Fort Leonard Wood.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.

2. Obtain the Veteran's VA treatment records for the period from August 2020 to present.  

3. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of her service-connected Veteran's major depression and anxious distress.  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 her major depression and anxious distress alone.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.