Citation Nr: 18151642
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 13-23 849
DATE:	November 19, 2018
REMANDED
Entitlement to an acquired psychiatric disability, to include bipolar disorder is remanded.
REASONS FOR REMAND
The Veteran served honorably on active duty from January 1975 to January 1978.
This matter comes before the Board of Veterans’ Appeals (Board) from an October 2010 rating decision from the Winston-Salem Regional Office of the Department of Veterans Affairs (VA).
The matter has been remanded to the Board from an April 2018 joint motion for remand from the Court of Appeals for Veterans Claims (CAVC).
The Veteran was unable to attend a hearing, either in person or via videoconference, due to incarceration.
1. Entitlement to an acquired psychiatric disability, to include bipolar disorder is remanded.
Under 38 U.S.C. § 5103A, the Secretary must “make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate” his or her claim for benefits. 38 U.S.C. § 5103A(a)(1).  This duty includes making “as many requests as are necessary to obtain relevant records from a Federal department or agency,” which includes relevant military medical records. 38 C.F.R. § 3.159(c)(2).  Additionally, “VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile.” Id.
The Veteran has reported receiving treatment at Moncrief Army Community Hospital in Fort Jackson, South Carolina.  While the record shows that an attempt was made to obtain any records held at Moncrief Army Community Hospital, no formal finding of unavailability was created.  Therefore, there is no evidence in the record that additional attempts to obtain the records would have been futile.
The Board must also provide a medical examination or obtain a medical opinion when necessary to make a decision on the claim.  McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).  An examination is necessary when there is: (1) evidence of a current disability, or recurrent symptoms of a disability; (2) evidence establishing an in-service injury or disease occurred that would support incurrence or aggravation; (3) an indication that the current disability may be related to the in-service event; and (4) insufficient evidence to decide the case.  Id.; 38 C.F.R. § 3.159(c)(4).
Here, the Board failed to properly consider the Veteran’s lay evidence of in service manifestations of mental health issues.  The Board finds that the Veteran’s lay statements provide enough evidence of a possible in-service injury or disease to warrant a VA examination.  A VA examination is required to opine on the probability that the Veteran has a current diagnosis of bipolar disorder that was aggravated by an injury or disease while in service.
The matter is REMANDED for the following action:
1. Make all reasonable efforts to recover the Veteran’s treatment records from Moncrief Army Community Hospital.  Should no treatment records be forthcoming, issue a formal finding of unavailability.
2. Schedule an examination by an appropriate clinician to determine the nature and etiology of any acquired psychiatric disability, to include bipolar disorder.  The claims file, including the Veteran’s lay statements and a copy of this Remand, must be made available to and be reviewed by the examiner.
3. After completing the above actions, readjudicate the Veteran’s claim based on the entirety of the evidence.  The readjudication should include adequate explanations for all conclusions and determinations.
 
KRISTI L. GUNN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S.W. Strike, Associate Counsel