Citation Nr: 1306111	
Decision Date: 02/21/13    Archive Date: 02/27/13

DOCKET NO.  09-11 376	)	DATE
	)
	)


On appeal from the
Department of Veterans Affairs Regional Office in Phoenix, Arizona



THE ISSUE

Entitlement to service connection for a psychiatric disorder to include posttraumatic stress disorder.  



REPRESENTATION

Veteran represented by:	Arizona Department of Veterans Services



ATTORNEY FOR THE BOARD

Evan M. Deichert, Associate Counsel






INTRODUCTION

The Veteran, who is the appellant, served on active duty from July 1966 to July 1968.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in March 2008 of a Department of Veterans Affairs (VA) Regional Office.

In June 2012, the Veteran withdrew his request for a hearing before the Board.  

In July 2012, the Board remanded the claim for further development.  

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC. 


REMAND

In the remand in July 2012, the Board directed that the Veteran's VA and Vet Center records be obtained.  In the supplement statement of the case in December 2012, there is reference to the records requested, but the records are not in the Veteran's file. 

Also, in its remand, the Board directed that the Veteran been afforded a VA examination to determine whether there was evidence of a psychiatric disorder other than posttraumatic stress disorder related to service.  Although the examination was conducted, the medical evidence of record is still insufficient to decide the claim under the applicable theories of service connection.
 



Accordingly, the case is REMANDED for the following action:

1.  Obtain records from:

i).  The Phoenix VAMC since 2007; and, 

ii). The Mesa Vet Center since 2007.  

If the records do not exist, or if further efforts to obtain them would be futile, notify the Veteran in accordance with 38 C.F.R. § 3.159(e).  

2.  Afford the Veteran a VA psychiatric examination by a VA examiner, who has not previously examined the Veteran to determine:

Whether it is more likely than not (i.e., probability greater than 50 percent), at least as likely as not (i.e., probability of 50 percent), or less likely than not (i.e., probability of less than 50 percent) that any current psychiatric disorder other than posttraumatic stress disorder is caused by the events in service? 

If there is no evidence of a current psychiatric disorder, the VA examiner is still asked to address whether depression diagnosed by VA in July 2007 is related to service. 








In formulating the opinion, the VA examiner is asked to consider that for the purpose of the adjudication of the claim, depression exists as it was diagnosed during the pendency of the claim, even if not presently shown.  

The Veteran's file must be made available to the VA examiner.

3.  After the requested development is completed, adjudicate the claim.  If the benefit sought is denied, then furnish the Veteran and his representative a supplemental statement of the case and return the case to the Board.

The Veteran has the right to submit additional evidence and argument on the matter the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

The 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. 2012).



_________________________________________________
George E. Guido 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) (2012).