Anthony J. Diorio v. R. James Nicholson

DAVIS, Judge:

The appellant, Anthony J. Diorio, appeals, through counsel, a September 25, 2003, decision of the Board of Veterans’ Appeals (Board or BVA) that denied entitlement to an increase in staged disability ratings in excess of 10% through August 1998; 30% through December 2002; and 50% effective December 2002, for a service-connected depressive and dysthymic disorder. Both parties filed briefs and agree that the Board decision should be vacated 1 and remanded to comply with VA’s duty to notify and to allow VA to obtain Mr. Diorio’s Social Security records. On appeal we will consider…