Citation Nr: 18144607 Decision Date: 10/24/18 Archive Date: 10/24/18 DOCKET NO. 14-05 107 DATE: October 24, 2018 REMANDED Entitlement to service connection for a psychiatric disability is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from March 13, 1979 to June 29, 1979. This matter is before the Board of Veterans’ Appeals (Board) on appeal of a May 2011 Department of Veterans Affairs (VA) rating decision. In February 2018, a video conference hearing was held before the undersigned. In April 2018, the case was remanded for additional development. Entitlement to service connection for a psychiatric disability is remanded. Pursuant to the Board’s April 2018 remand, the Veteran was scheduled for a VA examination to determine the nature and likely etiology of his current psychiatric disability. On August 2, 2018, his representative informed the VA that the Veteran had not been notified of the examination as his address and phone number had changed and requested the examination be rescheduled. She provided his updated contact information. On August 21, 2018, the VA issued a deferred rating decision requesting that the Veteran’s current mailing address and current contact information be verified. The VA requested the examination be rescheduled after the information was verified. On August 23, 2018, a VA examination listed the Veteran’s status as “No Show or Failure to Report.” There is no documentation in the Veteran’s electronic file between the deferred rating decision and the August 23, 2018 VA examination indicating that the Veteran’s information was verified or that the exam was rescheduled. On August 30, 2018, the VA issued a supplemental statement of the case (SSOC) continuing the denial of this claim and noting his failure to report for an August 2018 VA examination. In October 2018 written argument, the Veteran’s representative stated that the Veteran did not receive notification of the scheduled VA examination, and noted that she contacted the VA to update the Veteran’s contact information prior to the examination and was advised that he would be contacted about a rescheduled appointment. She expressed his willingness to appear for an VA examination were one to be rescheduled. The Board finds that good cause for his failure to report for the August 2018 examination is shown, and that rescheduling is warranted. See 38 C.F.R. § 3.655. [The Veteran’s attorney filed a request for records pertaining to the scheduling of the examination for which the Veteran failed to appear. As the case is being remanded for a rescheduled examination, that request has been rendered moot.] The matter is REMANDED for the following: Arrange for the Veteran to be examined by a psychiatrist or psychologist to determine the nature and likely etiology of his psychiatric disability. The Veteran’s record must be reviewed by the examiner in conjunction with the examination. On a review of the record and interview/examination of the Veteran, the examiner should provide opinions that respond to the following: (a) Identify (by diagnosis) each psychiatric disability entity found on examination or shown by the record during the pendency of the instant claim Please reconcile the psychiatric diagnoses noted in service with the diagnoses currently found; if any is deemed invalid, explain why that is so. (b) For each psychiatric disability entity diagnosed, please indicate whether it is a chronic acquired psychiatric disability. (c) For each chronic psychiatric disability diagnosed, please opine: i. Whether there is “clear and unmistakable” (obvious, manifest, and undebatable) evidence that it preexisted the Veteran’s service? If so, please identify such evidence. ii. If a psychiatric disability entity is found to have clearly and unmistakably preexisted the Veteran’s service (and was manifested in service), is there also clear and unmistakable evidence that it was NOT aggravated (i.e., permanently worsened) during service? If so, please identify such evidence. iii. If a pre-existing psychiatric disorder is found to have increased in severity during (been aggravated by) service, is there “clear and unmistakable” evidence that the increase was due to the natural progression of the disability. If so, please identify such evidence (with citation to medical literature that discusses the course of the natural progression of the diagnosed entity in question.) Please provide rationale with all opinions. GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Naumovich, Law Clerk