Citation Nr: 18150561
Decision Date: 11/15/18	Archive Date: 11/15/18

DOCKET NO. 10-15 076
DATE:	November 15, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from June 1965 to June 1969.  This matter comes before the Board of Veterans’ Appeals (Board) from a November 2007 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California.  
The Board remanded this case in October 2013 for additional development.  
In May 2016, the Board denied the claim.  The Veteran appealed to the Court of Appeals for Veterans Claims (Court).  In September 2017, the Court issued a Joint Motion for Remand (JMR) to vacate and remand the claim due to improper notice in violation of 38 C.F.R. §3.304(f)(5).  The Board remanded the claim pursuant to the JMR in November 2017.  
Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD) is remanded.
The RO scheduled the Veteran for two psychiatric examinations since the Board’s November 2017 remand.  The Veteran did not appear for either examination and did not provide good cause for his not appearing.  However, a July 2018 private psychological evaluation diagnosed the Veteran with depression and an intermittent explosive disorder and provided a positive nexus opinion linking the diagnoses to service.  In light of this new evidence, the Board finds it necessary to provide the Veteran with an examination to assess the etiology and severity of his acquired psychiatric disabilities. 
The Veteran is advised that VA's duty to assist is not always a one-way street. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991).  Rather, the Veteran must cooperate in obtaining the evidence necessary to adjudicate the Veteran's claim, including attending VA exams. See, e.g., 3.655(b) (setting forth potential consequences when a veteran fails to appear for a scheduled examination). The Veteran should be aware, that a failure to appear at a scheduled examination without good cause will result in a determination based on the record.
The matter is REMANDED for the following action:
1. Obtain updated VA treatment records.  
2. After completing directive (1), schedule the Veteran for a VA psychiatric examination with an appropriate examiner.  The Veteran is hereby notified that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim. The consequence for failure to report for a VA examination without good cause for an original claim may negatively affect the outcome of his claim. 38 C.F.R. § 3.655.
The examiner should identify all acquired psychiatric disorders.  The Veteran’s record, to include this remand, must be made available to the examiner for review.  All indicated tests and studies should be completed.  
With respect to each acquired psychiatric disability found to be present and/or diagnosed during the pendency of the appeal, the examiner should offer an opinion on the following:
(a.) Whether the Veteran’s symptomatology and presentation meets the diagnostic criteria for PTSD.  
(b.) Whether it is at least as likely as not (a 50 percent or greater probability) that any currently diagnosed acquired psychiatric disability, was incurred in, caused by, or is otherwise related to, the Veteran’s service.  
(c.) If PTSD is diagnosed, the examiner should indicate what stressor(s) the diagnosis is based upon.  
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A thorough rationale for all opinions expressed must be provided.  The examiner must address the July 2017 private psychological evaluation.  The opinion provider should cite to the medical and competent lay evidence of record, including the Veteran’s statements, and explain the rationale for the opinion given. 
 
JOHN Z. JONES
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Kass, Associate Counsel