Citation Nr: 1318188 Decision Date: 06/05/13 Archive Date: 06/11/13 DOCKET NO. 09-15 284 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Tiffany Berry, Associate Counsel INTRODUCTION The Veteran served on active duty from October 2001 to July 2004. This appeal to the Board of Veterans' Appeals (Board) is from a March 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND The Veteran is claiming entitlement to service connection for an acquired psychiatric disorder. His service treatment records reflect psychological treatment between April 2004 and July 2004, which was initiated when he experienced suicidal ideation, and self mutilation. A number of different diagnoses are entered in these records, including bipolar disorder, alcohol abuse, and personality disorder. Chronologically, a personality disorder was the latest diagnosis entered. The Veteran filed a claim for VA benefits in November 2005, and VA treatment records beginning in 2006 show diagnoses of a mood disorder, rule out major depressive disorder, bipolar disorder, alcohol induced mood disorder and alcohol abuse. The Veteran was examined for VA purposes in May 2006, at which time he was diagnosed to have a mood disorder, alcohol abuse and a personality disorder. However, the examiner did not have the benefit of the Veteran's claims file, and another examination was conducted of VA purposes in January 2009. At that time, the Veteran was diagnosed to have dysthymia, but the examiner did not make clear its relationship, if any, to service. Another examination of the Veteran was scheduled in April 2011, but he did not report for it. The record does not make clear why the Veteran failed to report for the examination, since he appears to have been active with VA treatment the month prior. Under the circumstances of this case, the Veteran should be offered another opportunity to appear for an examination. Likewise, VA treatment records dated since March 2011 should be obtained and associated with his claims file. Accordingly, the case is REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from March 2011 to the present. 2. Then, schedule the Veteran for a VA examination to obtain a VA medical opinion addressing the etiology of his psychiatric disability. The VA examiner should be provided with a copy of the Veteran's claims file for review. The examiner is then asked to opine whether it is at least as likely as not that any of the Veteran's diagnosed acquired psychiatric disorders had their onset in/was manifested during service, or is otherwise related to service. If the Veteran fails report to the scheduled VA examination, then the examiner is asked to review the claims file and render an opinion, to the best of his/her ability, on the etiology of any diagnosed psychiatric disorder. A complete rationale should be provided for any opinion expressed. If the examiner determines that a medically sound opinion cannot be rendered without resorting to speculation, an explanation as to why that is so should be included, to include a recitation of the facts necessary to render a non-speculative opinion. 3. The Veteran is advised that it is his responsibility to report for the examination and to cooperate in the development of this claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655 (2012). In the event that the Veteran does not report for the aforementioned examination, the actions taken to notify him of it should be documented. 4. Thereafter, the RO/AMC should review the evidence obtained and readjudicate the Veteran's claim. If the claim remains denied, the Veteran and his representative should be provided with a supplemental statement of the case and given an opportunity to respond before the case is returned to the Board for further appellate review. 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). 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. 2012). _________________________________________________ MICHAEL E. KILCOYNE 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).