Citation Nr: 0812698 Decision Date: 04/16/08 Archive Date: 05/01/08 DOCKET NO. 04-36 774 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to service connection for depression. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Mark Vichich, Associate Counsel INTRODUCTION The veteran served on active duty from September 1984 and November 1997. The veteran also had 7 years, 4 months and 9 days of total prior active service; however, the dates of such service have not been verified. This matter comes before the Board of Veterans' Appeals (Board) following a Board Remand of October 2007. This matter was originally on appeal from an April 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The appeal is again REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND In the veteran's claim for compensation benefits, dated in January 2004, he informed the RO that he received treatment for depression at the Brecksville VA Medical Center (VAMC) beginning in March 2000, and at the Wade Park VAMC beginning in December 2002. Those facilities are both part of the Cleveland VAMC. The only medical evidence associated with the claims file from the Cleveland VAMC included discharge summaries dated in June 2000, December 2002, and March 2006 showing the veteran was admitted for alcohol withdrawal/dependence. There were no other records accompanying the discharge summaries, such as progress notes or other records of treatment. It is unlikely that no other records were generated during these hospital admissions. Moreover, in a report of a VA psychological examination, dated in December 2007, Dr. M.C. referred to treatment the veteran received at the Cleveland VAMC in April 2002 after presenting with complaints of depression. There is no record of this treatment in the claims file. VA's statutory duty to assist requires VA to make reasonable efforts to obtain relevant records. 38 U.S.C.A. §§ 5103, 5103A (West 2002 & Supp. 2007); 38 C.F.R. § 3.159 (2007). Here, it is clear that there are additional relevant VAMC records that have not been associated with the claims file. The case should be remanded so that the AOJ can to obtain these records on the veteran's behalf. In correspondence dated in December 2007, the veteran stated that he had received treatment for a depressive episode in March 2006 at the Wade Park VAMC. The veteran stated that because he had been transferred to Wade Park from Robinson Memorial Hospital, he assumed records from Robinson Memorial were in his claims file. These records are not in the file and it does not appear that the AOJ has attempted to obtain these on behalf of the veteran. On remand, the AOJ should take steps necessary to assist the veteran in obtaining these records. Accordingly, the case is REMANDED for the following action: 1. Obtain all records of treatment for depression from VAMC Cleveland and all associated facilities, including Wade Park and Brecksville. 2. Obtain the veteran's records from Robinson Memorial Hospital as they relate to depression. In the event that these records are unavailable, a negative response from that facility should be made part of the claims file. All attempts to obtain these records must be recorded in the claims file. 3. Thereafter, the veteran's claim of entitlement to service connection for depression should be readjudicated. If any benefit sought on appeal remains denied, the veteran and his representative should be provided with a supplemental statement of the case that contains notice of all relevant actions taken, including a summary of the evidence and applicable law and regulations considered pertinent to the issue. An appropriate period of time should be allowed for response by the veteran and his representative. Thereafter, the case should be returned to the Board for further appellate consideration, if in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ John E. Ormond, Jr. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).