Citation Nr: 1323531 Decision Date: 07/24/13 Archive Date: 08/01/13 DOCKET NO. 10-17 570 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUE Entitlement to service connection for an acquired psychiatric disorder (claimed separately as schizophrenia, mania, and depression). REPRESENTATION Veteran represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD T. Blake, Associate Counsel INTRODUCTION The Veteran served on active duty from March 1978 to March 1982 and with the Reserves from August 1, 1983 to August 3, 1985. This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Denver, Colorado which, in pertinent part, denied service connection for schizophrenia, mania, and depression. In May 2013, the Veteran testified at a Board hearing held before the undersigned Veterans Law Judge in Denver, Colorado. A copy of the transcript is of record on the "Virtual VA" system. During the course of the appeal, the evidentiary development has resulted in evidence showing psychiatric diagnoses of schizophrenia, schizoaffective disorder, and bipolar disorder. In light of the evidence of record and the decision in Clemmons v. Shinseki, 23 Vet. App. 1 (2009), the Board has characterized the issue on appeal as service connection for an acquired psychiatric disorder, which includes all psychiatric diagnoses. The Board has not only reviewed the Veteran's physical claims file but also the Veteran's file on the "Virtual VA" system to ensure a total review of the evidence. Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C.A. § 7107(a)(2) (West 2002). The appeal is REMANDED to the RO via the Appeals Management Center (AMC) in Washington, DC. REMAND A remand is required in this case to ensure there is a complete record upon which to decide the issue on appeal. VA has a duty to make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claim for the benefits sought, unless no reasonable possibility exists that such assistance would aid in substantiating the claim. 38 U.S.C.A. § 5103A(a) (West 2002); 38 C.F.R. § 3.159(c), (d) (2012); Ascherl v. Brown, 4 Vet. App. 371, 377 (1993). First, the evidence shows that the Veteran is in receipt of Social Security benefits which may potentially be relevant to the claim but those records are not associated with the claims file. Therefore, a remand is needed to obtain the records. Next, within one year after separation from the period of active service, an October 1983 private medical statement certified that the Veteran was treated for reactive depression from January 10, 1983 to June 28, 1983 at the County of Northampton Department of Human Services, Mental Health and Mental Retardation Division. Approximately four months later, a December 1983 service treatment record notes the Veteran "appear[ed] to have had a 6 month reactive depression which decompensated into a [m]ajor depressive episode with psychotic features after the death of his father." Review of the post-service private treatment records show the Veteran reported his father died in 1983. In addition, an August 1987 private psychological disability evaluation report documents the Veteran indicated his first psychiatric hospitalization occurred in 1975 at the Muhlenberg Medical Center for an alleged suicide attempt. He also testified at the May 2013 Board hearing that he tried to commit suicide at the age of 17 and was sent to a mental health facility, which dates prior to active service entry. The Board acknowledges the RO previously requested treatment records from January 1983 to December 1984 from the Muhlenberg Medical Center; however, such requests did not consider records dated 1975. Finally, the Veteran testified he had received treatment from Dr. Barnes for a couple years. Since VA has notice of outstanding private treatment records from the County of Northampton Department of Human Services, Mental Health and Mental Retardation Division, Dr. Barnes, and the Muhlenberg Medical Center, that are potentially relevant to this claim on appeal, there is a duty to obtain these records. Accordingly, the case is REMANDED for the following actions: (Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). Expedited handling is requested.) 1. Obtain from the Social Security Administration (SSA) a copy of its decision(s), if any, awarding the Veteran disability benefits, as well as copies of all medical records underlying the determination(s). If the requested records are not available, or if the search for any such records otherwise yields negative results, that fact should clearly be documented in the claims file, and the Veteran and his representative should be informed in writing. 2. Obtain the necessary authorization from the Veteran to obtain any outstanding treatment records from the (1) County of Northampton Department of Human Services, Mental Health and Mental Retardation Division, from January 1983 to June 1983; (2) Muhlenberg Medical Center dated 1975; and (3) Dr. Barnes. All efforts to obtain such records should be fully documented, and all facilities must provide a negative response if records are not available. If the requested information is unavailable, the Veteran and his representative should be apprised of such and given the opportunity to submit the requested information. 3. Thereafter, the issue on appeal should be readjudicated. If the benefit sought on appeal is not granted, the Veteran and his representative should be provided with a supplemental statement of the case (SSOC) and afforded the appropriate time period within which to respond thereto. The Veteran and representative have 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 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). ____________________________________________ MICHELLE L. KANE 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).