Citation Nr: 18154723 Decision Date: 12/03/18 Archive Date: 11/30/18 DOCKET NO. 16-30 285 DATE: December 3, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include major depression, anxiety disorder and affective psychosis not otherwise specified (NOS) is remanded. REASONS FOR REMAND The Veteran served in the United States Marine Corps from February 1972 to February 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, the Commonwealth of Puerto Rico. The Board notes that when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. VA treatment records reflect diagnoses of affective psychosis NOS, anxiety disorder, and recurrent major depression. As such, the Board has characterized the issue of entitlement to service connection for major depression claimed as severe anxiety as entitlement to service connection for an acquired psychiatric disorder, to include major depression, anxiety disorder and affective psychosis NOS. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Veteran seeks service connection for a psychiatric condition, which he asserts is related to service. VA is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service, and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). The requirement that the evidence “indicates” that the Veteran’s disability “may” be associated with his service is a low threshold. Id. Thus, in light of the Veteran’s contentions and the record on appeal, a VA examination should be obtained to determine the probable etiology of the Veteran’s psychiatric condition, to include whether the Veteran’s psychiatric condition is related to service. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4)(i); McLendon, supra. Further, the Board notes that a March 2004 VA treatment record indicates that there are relevant VA treatment records from 1996 to 2001 and a September 2011 Social Security Administration (SSA) record indicates that the Veteran was entitled to receive month disability benefits from August 2011. The record currently does contain some more recent VA treatment records and private treatment records relating to treatment of the Veteran’s psychiatric condition, but it is not clear that all relevant VA treatment records and all relevant SSA records have been obtained. On remand, the Agency of Original Jurisdiction (AOJ) should ensure that all outstanding VA treatment records and SSA records are obtained and associated with the record on appeal. The Veteran’s claims file does not appear to contain his complete service records. A July 2015 VA treatment record indicates that the Veteran served in the National Guard. As the Veteran’s service records may contain information regarding the Veteran’s dates of service and his claimed psychiatric condition, the AOJ should attempt to verify all relevant periods of the Veteran’s active duty and ACDUTRA and attempt obtain his complete service records. The matter is REMANDED for the following action: 1. The AOJ should obtain all outstanding VA treatment records relating to treatment of the Veteran’s psychiatric condition. The AOJ should ensure that the Veteran’s complete VA treatment records, to include treatment records dated from 1996 to 2001, are obtained and associated with the record on appeal. 2. The AOJ should obtain all outstanding SSA records. 3. The AOJ should obtain the Veteran’s complete service personnel records from his National Guard service, to determine the specific dates of active duty service and ACDUTRA service. The AOJ should prepare a summary/memorandum based on verified information from appropriate official sources of the specific dates of active duty and ACDUTRA for the Veteran in the National Guard. Records concerning service merely denoting the amounts of points he obtained, including cumulatively, are not helpful in this regard insofar as determining exactly when the Veteran was on active duty and ACDUTRA. 4. Then, schedule the Veteran for a VA examination to ascertain the nature and etiology of the Veteran’s psychiatric condition. All necessary tests should be conducted. The claims file should be made available to and be reviewed by the examiner in conjunction with the examination. The examiner should address whether it is at least as likely as not (50 percent or greater likelihood) that any current psychiatric disability had its onset in service, or is otherwise causally or etiologically related to a period of active duty service or ACDUTRA. The examiner should provide a complete rationale for all opinions expressed and conclusions reached. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD G. Johnson, Associate Counsel