Citation Nr: 18152307 Decision Date: 11/21/18 Archive Date: 11/21/18 DOCKET NO. 16-51 833 DATE: November 21, 2018 REMANDED Entitlement to service connection for a right wrist disorder is remanded. Entitlement to service connection for gastritis is remanded. Entitlement to service connection for a prostate disorder is remanded. Entitlement to service connection for major depressive disorder is remanded. REASONS FOR REMAND The Veteran had active duty from November 1978 through September 1985. 1. Social Security records. The Veteran reported during VA treatment in December 2013 that he had applied for Social Security disability benefits and that he was awaiting the Social Security Administration's (SSA's) decision. Regardless of the outcome of the Veteran's SSA claim, it is likely that the Veteran's SSA file contains additional evidence that is relevant to the disabilities that remain on appeal, to include additional treatment records and records pertaining to medical and mental health examinations that were conducted on SSA's behalf. Under the circumstances, VA is obligated to request and obtain the Veteran's Social Security records at this time. 38 C.F.R. § 3.159 (c)(2) (2017); Golz v. Shinseki, 590 F.3d 1317, 1323 (Fed. Cir. 2010). 2. Mental health examination. The Veteran asserts in his claims submissions that he is entitled to service connection for major depressive disorder. In reviewing the evidence in the record, the Board notes that the Veteran has been under ongoing VA mental health treatment since 2006. The records pertaining to that treatment show that the Veteran has received multiple alternating diagnoses over the course of his treatment, including dysthymic disorder; major depressive disorder; depressive disorder, not otherwise specified (NOS); anxiety disorder; generalized anxiety and depression; and, posttraumatic stress disorder (PTSD). Those records express no opinion concerning the etiology or cause of the Veteran's mental health disorder. The Board notes also that the service treatment records document that the Veteran was admitted for inpatient treatment of alcoholism and reported depression during service in June 1979. During a January 1983 medical examination, the Veteran reported that he had a history of nervous trouble. In conjunction with the same, service personnel records indicate that the Veteran experienced some decline in the performance of his duties from mid-1984 through the end of his service. In that regard, evaluation reports for the Veteran prior to June 1984 reflect favorable reviews of the Veteran's performance. In contrast, evaluation reports for the Veteran's service from June 1984 reflect less favorable reviews. Indeed, disciplinary records in the service department records show that the Veteran received an Article 15 for driving while intoxicated (DWI) in October 1984. In an evaluation report covering the Veteran's period of service from June through September of 1985, the reviewing officer remarked that the Veteran's performance seemed to have decreased since he received his Article 15 for DWI several months ago. Overall, the information contained in the service department records appear to indicate that there was some deterioration of the Veteran's in-service performance from the middle of 1984, which raises the possibility that the Veteran may have been experiencing mental health symptoms during service. Despite the evidence outlined above, the Veteran has not yet been afforded a mental health examination to determine the precise nature of his mental health disorder, and, whether any diagnosed mental health disorder was incurred during the Veteran's active duty service or resulted from an injury, illness, or event that occurred during his active duty service. Such an examination should be afforded to the Veteran at this time. 38 C.F.R. § 3.159 (c)(4) (2017). The matters are REMANDED for the following action: 1. The Veteran should be asked whether he has additional evidence pertaining to his acquired psychiatric disorder, right wrist disability, gastritis, and/or prostate disorder. Records for relevant VA treatment received by the Veteran since March 2018 should be associated with the record. If such records are not available, such unavailability should be documented in the record. The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 2. Obtain the Veteran's Social Security records. If such records are not available, such unavailability should be documented in the record. The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 3. Schedule the Veteran for a mental health examination by an appropriate clinician to determine the nature and etiology of the Veteran's acquired psychiatric disorder. The claims file should be reviewed in conjunction with the examination. All disorders exhibited by the Veteran during the appeal period should be identified. The examiner must opine as to whether it is at least as likely as not that any diagnosed disorder was: (1) incurred during the Veteran's active duty service, or (2) proximately due to injuries or events incurred by the Veteran during his active duty service, to include episodes of alcoholism and/or depression during service in June 1979 and October 1984. If PTSD is diagnosed, the examiner should identify the specific stressors that led to the condition. 4. After completion of the above development, the issues on appeal should be readjudicated. If the determination remains adverse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond. DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D.S. Lee, Counsel