Citation Nr: 18145240
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 16-39 195
DATE:	October 26, 2018
REMANDED
Entitlement to service connection for depression is remanded.
REASONS FOR REMAND
The Veteran served on active duty from August 1993 to February 1997, from March 2004 to June 2006, and from May 2011 to October 2011.
This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina.
The Veteran was notified of his right to a personal hearing before the Board, but he did not request a Board hearing.
Entitlement to service connection for depression is remanded.
The Veteran contends that he is entitled to service connection for depression.  The Veteran’s treatment records indicate that the Veteran has been diagnosed with major depressive disorder.  The Veteran has submitted a competent report of an in-service incurrence in a May 2015 written statement in which he indicated that he had depression during his period of service and his current depression was related to a period of service.  This is sufficient to trigger VA’s duty to assist, and this matter must be remanded for a VA examination.  McLendon v. Nicholson, 20 Vet. App. 79 (2006).
The claims file contains a VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, dated in September 2017, in which the Veteran appointed North Carolina Department of Veterans Affairs as his representative.  The form, however, was not signed by a representative of that organization.  On remand, action should be taken to obtain and associate with the claims file a properly executed appointment of representative form.
The matter is REMANDED for the following action:
1. A properly executed VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, should be obtained and added to the claims file.
2. Copies of updated pertinent treatment records should be obtained and added to the claims file.
3. Following completion of the above, arrange to provide the Veteran with a VA examination in order to determine 
(CONTINUED ON NEXT PAGE)
 
the nature and etiology of his depressive disorder or any other acquired psychiatric disorder which is present.
 
BARBARA B. COPELAND
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	David R. Seaton, Associate Counsel