Entitlement to a disability rating in excess of 30 percent for a panic disorder [REMANDED] Citation Nr: 18132324
Citation Nr: 18132324
Decision Date: 09/06/18 Archive Date: 09/06/18
DOCKET NO. 16-04 443
DATE: September 6, 2018
Entitlement to a disability rating in excess of 30 percent for a panic disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Air Force from October 1970 to September 1972.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas (Agency of Original Jurisdiction (AOJ)).
1. Entitlement to a disability rating in excess of 30 percent for a panic disorder is remanded.
Regrettably, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the issues on appeal, in order to afford the Veteran every possible consideration.
The record reflects that the Veteran has received ongoing mental health counseling from Dr. S.H. since 1993; however, only those records from November 2008 to May 2016 have been associated with the file. VA requests more up-to-date medical records in order to afford the Veteran due process. Additionally, an entry from Dr. S.H. in April 2012 reflects that the Veteran receives most of his mental health treatment from the private sector. However, no private treatment records have been associated with the file. As such, VA will remand to request this additional documentation.
The matter is REMANDED for the following action:
1. Obtain and associate with the claims folder updated VA treatment records, specifically those from May 2016 to present, pertaining to the Veteran’s counseling with Dr. S.H. and/or any mental health treatment.
2. Ask the Veteran to complete a VA Form 21-4142 for any private treatment providers. Thereafter, obtain and associate with the claims folder any private treatment records identified, specifically those from June 2011 to present, pertaining to the Veteran’s panic disorder.
3. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond.
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD Victoria A. Narducci, Associate Counsel