Citation Nr: 1756984 Decision Date: 12/08/17 Archive Date: 12/15/17 DOCKET NO. 10-01 458 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include depression, posttraumatic stress disorder, attention deficit hyperactivity disorder, and a mood disorder. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mary E. Rude, Counsel INTRODUCTION The Veteran served on active duty from January 1964 to January 1966. This appeal to the Board of Veterans' Appeals (Board) comes from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. The case was certified to the Board by the RO in New York, New York. This case was remanded for a Board hearing in May 2013 and October 2014. The Veteran attended a Board hearing before the undersigned in December 2015, and in April 2016, the issue was remanded for further development. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2017). 38 U.S.C. § 7107(a)(2) (2012). The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ). VA will notify the appellant if further action is required. REMAND In April 2016, this issue was remanded in part to afford the Veteran with a VA psychiatric examination. An examination was scheduled in September 2016, but the Veteran called and reported that he could not attend the examination due to illness, and the examination was cancelled. The Board accepts that the Veteran provided good cause for his inability to attend the examination, and he should be provided with another opportunity to attend a VA psychiatric examination prior to further adjudication. See 38 C.F.R. § 3.655(a) (2017). Accordingly, the case is REMANDED for the following action: (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. Provide the Veteran with another opportunity to submit a completed release form (VA Form 21-4142) authorizing VA to request any additional, relevant private treatment records. The Veteran should be advised that he can also submit those records himself. If the Veteran provides a completed release form, then request the identified treatment records. All attempts to secure those records must be documented in the Veteran's claims file. If the RO cannot locate records identified by the appellant it must specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims. The claimant must then be given an opportunity to respond. . 2. Request all relevant VA treatment records from the VA New York Harbor Healthcare System since June 2013. All records obtained should be associated with the claims file. If the AOJ cannot locate these Federal records, it must specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. The AOJ must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claim. The claimant must then be given an opportunity to respond. 3. Thereafter, schedule the Veteran for a VA psychiatric examination to determine the nature and etiology of any diagnosed acquired psychiatric disorder. The examiner is to be provided access to all files in VBMS and Virtual VA. The examiner must specify in the report that these records have been reviewed. The examiner is to provide a detailed review of the Veteran's pertinent medical history, current complaints, and the nature and etiology of any diagnosed psychiatric disability. The examiner must specifically opine whether it is at least as likely as not that any currently diagnosed acquired psychiatric disorder is related to his active military service. The examining physician is advised that she/he must discuss the Veteran's self-reported history of a continuity of psychiatric symptoms, including depression, while in service and since that time. A complete and fully explanatory rationale must be provided for any opinion offered. If any opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training. 4. The Veteran is to be notified that it is his responsibility to report for any examination and to cooperate in the development of the 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 (2017). In the event that the Veteran does not report for any scheduled examination, documentation should be obtained which shows that notice scheduling the examination was sent to the last known address. It should also be indicated whether any notice that was sent was returned as undeliverable. 5. After the development requested has been completed, the review the examination report to ensure that it is in complete compliance with the directives of this remand. Then readjudicate the claim, considering all evidence of record. If the benefit sought remains denied, the Veteran must be provided a supplemental statement of the case. An appropriate period of time should be allowed for a response. The appellant 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. §§ 5109B, 7112 (2012). _________________________________________________ DEREK R. BROWN Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C. § 7252 (2012), 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) (2017).