Citation Nr: 18147687 Decision Date: 11/05/18 Archive Date: 11/05/18 DOCKET NO. 15-14 358 DATE: November 5, 2018 ORDER New and material evidence having been received, reopening of the claim of entitlement to service connection for a right ankle disability is granted. REMANDED Entitlement to an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), bipolar disorder, and anxiety, is remanded. Entitlement to service connection for a right ankle disability is remanded. Entitlement to a compensable rating for bilateral shin splits is remanded. FINDINGS OF FACT 1. An unappealed July 1998 rating decision denied entitlement to service-connection for a right ankle disability. 2. The evidence received since the July 1998 rating decision is new and raises a reasonable possibility of substantiating the claim for entitlement to service connection for a right ankle disability. CONCLUSION OF LAW New and material evidence has been received sufficient to reopen a claim of entitlement to service connection for a right ankle disability. 38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty in the United States Army from March 1994 to March 1998. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board has recharacterized the Veteran’s claim for service connection for bipolar disorder, PTSD, and anxiety attacks as a claim for service connection for an acquired psychiatric disorder, to include PTSD, bipolar disorder, and anxiety. See Clemons v Shinseki, 23 Vet. App. 1, 5-6, 8 (2009). In her April 2015 substantive appeal, the Veteran requested that she be afforded a hearing before the Board. The Veteran was scheduled for her requested hearing in September 2018. The Veteran failed to report for her scheduled hearing without explanation. Therefore, the Veteran’s hearing request is deemed to have been withdrawn. Claim to Reopen Right Ankle Disability In a July 1998 rating decision, the Veteran was denied entitlement to service connection for a right ankle disability on the basis that the Veteran did not have a diagnosis of a right ankle disability. The Veteran did not appeal that decision. The evidence that has been received since the July 1998 rating decision includes various VA medical records, and relevant lay statements. The Board finds that the additional evidence is new and material. In this regard, it is neither cumulative nor redundant of the evidence previously of record, and raises a reasonable possibility of substantiating the claim. Therefore, the claim of entitlement to service connection for a right ankle disability is reopened. REASONS FOR REMAND The Board finds that additional development is required before the remaining claims on appeal are decided. Service Connection- Acquired Psychiatric Disorder, and Right Ankle Increased Rating- Bilateral Shin Splints An October 2010 correspondence shows that the Veteran’s PTSD, joints, and muscle VA examinations were cancelled due to fact that the examinations were scheduled at an incorrect facility. Those examinations were re-scheduled and a May 2011 correspondence shows that the Veteran failed to report for the re-scheduled VA examinations. In a subsequent May 2011 VA correspondence, the Appeals Management Office representative indicated that the Veteran’s address and phone number provided by Veterans Benefits Administration differed from the Veterans Health Administration’s database. Moreover, the record shows that the Veteran’s Statement of the Case (SOC), as well as a June 2011 notification letter were returned as undeliverable. Further, the Board acknowledges that there is no indication of record that the Veteran received notification of his scheduled VA examination. As such, there is a likelihood that the Veteran did not receive notice of her scheduled VA examinations. Thus, the Board finds that the record has provided the Veteran good cause for missing her scheduled VA examinations, and a VA examination to assess her bilateral shin splints, as well as VA examinations to determine the nature and etiology of her claimed acquired psychiatric disorder, and right ankle disability should be scheduled. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. All records/responses received must be associated with the electronic claims file. 2. Schedule the Veteran for a VA examination with an appropriate psychologist or psychiatrist to determine the etiology of any current psychiatric disorder that may be present, to include PTSD, bipolar disorder, and anxiety. The examiner must elicit from the Veteran a history of her psychiatric symptoms, to include whether she experienced any symptoms during service. The examiner must review all pertinent records associated with the claims file, including the Veteran’s service treatment records, post-service medical records, and lay statements, and it should be confirmed that such records were available for review. The examiner must identify all current psychiatric disorders. If any previously diagnosed disorder is no longer present, the examiner must provide an explanation. If the Veteran meets the criteria for a diagnosis of PTSD, the examiner should provide an opinion as to the stressor(s) supporting the diagnosis. Specifically, the examiner should opine as to whether there is sufficient evidence of behavior changes, including substance abuse and depressive behavior, in response to the claimed in-service sexual assault, which would provide the necessary credible supporting evidence of its occurrence. For each disorder identified, the examiner must state whether it is at least as likely as not (a 50 percent or greater probability) that that any currently diagnosed psychiatric disorder was caused or aggravated by the Veteran’s period of active service, or whether it at least as likely as not, had its onset during service. It should be noted that the Veteran is competent to attest to factual matters of which she has first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. 3. Schedule the Veteran for a VA examination by an examiner of appropriate expertise to determine the nature and etiology of any currently present right ankle disability. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any currently present right ankle disability had its onset during service or is otherwise etiologically related to his active service. The examiner must consider the Veteran’s lay statements regarding the nature of her symptoms. The rationale for all opinions expressed must be provided. 4. Schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the current level of severity of all impairment resulting from her bilateral shin splint disability in accordance with VA rating criteria. The claims file must be made available to, and reviewed by the examiner. 5. Confirm that the VA examination reports and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted. 6. Then, readjudicate the remaining issues on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. O’Donnell, Associate Counsel