Citation Nr: 18153106
Decision Date: 11/27/18	Archive Date: 11/27/18

DOCKET NO. 16-47 602
DATE:	November 27, 2018
REMANDED
Entitlement to service connection for acquired psychiatric condition, to include bipolar disorder, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Air Force from January 1980 to July 1981.  
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2015 rating decision of a Department of Veterans Affairs Regional Office (RO).
The Board acknowledges that the Veteran submitted a Rapid Appeals Modernization Program (RAMP) opt-in election form that was received by VA on March 9, 2018.  However, the appeal had already been activated at the Board and is therefore no longer eligible for the RAMP program.  Accordingly, the Board will undertake appellate review of the case.
The Veteran contends that his currently diagnosed bipolar disorder, originally claimed as a mental condition, is service-connected.
Ordinarily, a rating decision becomes final if no notice of disagreement is filed within one year of the decision.  38 U.S.C. § 7105; 38 C.F.R. § 3.156, 20.1103, 20.302.  When new and material evidence is submitted within one year of the ratings decision, the decision does not become final until 60 days after the RO provides a new statement of the case or one year after the decision, whichever is later.  38 C.F.R. 20.302(b).     
The Veteran originally sought entitlement to service connection for “mental conditions” in December 1994.  The RO denied the claim in March 1995.  In February 1996, additional evidence was incorporated into the file, specifically medical records from a private mental health professional which provided a formal diagnosis of bipolar disorder.  In December 2014, the Veteran submitted an application for disability compensation, again claiming “mental conditions.”  In June 2016, the RO denied the claim based on a determination that the March 1995 decision had become final and that no new and material evidence was submitted in support of the claim.
Since the RO did not properly adjudicate the claim with the evidence submitted in 1996, the claim has remained open.  As such, the RO must adjudicate the claim considering all evidence of record related to service connection for acquired psychiatric conditions, to include bipolar disorder.  
In addition, there is no VA examination or opinion of record.  The Veteran has provided evidence of a current diagnosis and has claimed it began in service.  A VA examination is necessary to properly adjudicate the claim.  See McLendon v. Nicholson, 20 Vet. App. 79 (2006); 38 U.S.C. § 5103A(d).    
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.
2. The RO should schedule the Veteran for a VA examination with an appropriate examiner to determine the current nature and etiology of any acquired psychiatric conditions, to include bipolar disorder.
The claims file must be made available to the examiner for review, and the examiner should note that it has been reviewed in full.
The examiner should elicit from the Veteran a complete history of his psychiatric condition(s).  Any tests or studies deemed necessary should be conducted.
For any acquired psychiatric condition, to include bipolar disorder, the examiner must address the following:
a) Provide an opinion as to whether it is at least as likely as not (50 percent of greater probability) that the Veteran’s condition(s) is etiologically related to, or had its onset during, the Veteran’s active service.
A complete rationale for all opinions should be provided.
 
L. M. BARNARD
Veterans Law Judge
Board of Veterans’ Appeals
J. Jack, Law Clerk	Department of Veterans Affairs