Citation Nr: 18152850 Decision Date: 11/27/18 Archive Date: 11/26/18 DOCKET NO. 16-35 919A DATE: November 27, 2018 REMANDED Service connection for right knee condition is remanded. Service connection for left ankle condition is remanded. Service connection for acquired psychiatric disorder, to include depression, anxiety, and insomnia, is remanded. Service connection for right side removal of three molars is remanded. INTRODUCTION The Veteran served in the United States Army from November 1971 to November 1973. A July 2014 rating decision denied the Veteran’s claims for entitlement to service connection for right knee condition, left ankle condition, and depression based on a finding that new and material evidence had not been received since the previous March 2012 rating decision. Upon review of the procedural history of these claims, the Board finds that analysis of whether new and material evidence has been received is not warranted. A September 2011 Fully Developed Claim (FDC) form, that claimed entitlement to service connection for right knee, left ankle, insomnia, and depression, should have been treated as a notice of disagreement for the issues of right knee, left ankle, and depression, because it was submitted within a year of the April 2011 rating decision denying service connection for the same issues. In addition, March 2012 VA examinations for the knee and mental disorders were performed within one year of the April 2011 rating decision. Therefore, regarding the issues of service connection for right knee condition, left ankle condition, and acquired psychiatric disorder, the Board finds the April 2011 rating decision is still on appeal and Board analysis of whether new and material evidence has been received is not warranted. The Veteran’s claim for depression was developed and adjudicated as claims for anxiety with depression and alcohol-induced mood disorder. In Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the United States Court of Appeals for Veterans Claims (Court) held that the scope of a mental health disability claim includes any mental disorder that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record. In light of Clemons, the issue has been recharacterized to encompass all psychiatric diagnoses. The Veteran appeared before the undersigned at an October 2017 Travel Board hearing. The hearing transcript is part of the claims file. REASONS FOR REMAND 1. Service connection for right knee condition 2. Service connection for left ankle condition 3. Service connection for acquired psychiatric disorder 4. Service connection for right side removal of three molars First, in January 2017, the Veteran informed VA of updated VA treatment records at Ponce VA Outpatient Clinic. VA did not retrieve these records. VA last retrieved records from Ponce VA Outpatient Clinic in July 2014. Second, the Veteran was scheduled for VA examinations for his knee and ankle on May 13, 2014. VA received notification from the Veteran on May 13, 2014 that he was unable to attend the examination and requested VA reschedule the examinations. The VA examinations were not rescheduled. The Board finds the Veteran provided timely notification and should be provided the opportunity to appear for VA examinations. Regarding the claim for an acquired psychiatric disorder, the March 2012 VA examination diagnosed only alcohol-induced mood disorder and alcohol abuse. The examiner did not discuss the Veteran’s diagnoses of depression and anxiety in treatment records or discuss the Veteran’s contention that depression and anxiety began in service when he felt mistreated by his fellow soldiers. An examination is requested to address the nature and etiology of the Veteran’s psychiatric disorder. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records from Ponce Outpatient Clinic (a satellite location of San Juan VAMC) for the period from July 2014 to the present. 2. After the above records development is completed, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any right knee and left ankle conditions. (a.) For each right knee condition identified, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) related to an in-service injury, event, or disease? (b.) For each left ankle condition identified, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease? The examiner’s rationale must include discussion of the June 1972 service treatment record submitted by the Veteran noting a right knee partial tear and left ankle tenderness; the October 1973 separation examination noting right knee ligament tear; and the Veteran’s October 2017 hearing testimony regarding his right knee and left ankle bothering him since service. 3. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any acquired psychiatric disorders. (a.) Identify any acquired psychiatric disorders diagnosed on examination or during the appeal period, to include depression, anxiety, and insomnia. (b.) For each acquired psychiatric disorder diagnosed, the examiner must opine whether the disorder is at least as likely as not (50 percent or greater probability) related to an in-service injury, event, or disease? (Continued on the next page)   The examiner’s rationale must include discussion of the October 1973 separation examination noting insomnia, nervousness, and depression; the Veteran’s October 2017 hearing testimony stating those symptoms were due to feeling mistreated by his fellow soldiers; and the September 2011 VA treatment visit noting intrusive thoughts about when he broke his leg and problems with his fellow solider in service. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Winkler, Associate Counsel