Citation Nr: 18154831 Decision Date: 12/03/18 Archive Date: 11/30/18 DOCKET NO. 15-46 099 DATE: December 3, 2018 REMANDED Entitlement to service connection for depression, to include major depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1984 to December 1989 and January 2009 to February 2010. In May 2017, the Veteran appeared at a hearing before the undersigned Veterans Law Judge. A transcript of the hearing is of record. The Board decision in July 2017 remanded the issue on appeal to consider additional medical evidence and obtain a VA examination to differentiate between service-connected posttraumatic stress disorder and depression symptoms. A Supplemental Statement of the Case (SSOC) was issued by the RO in August 2018. In accordance with the July 2017 remand, the RO attempted to collect additional medical documents from the Veteran to no avail. A VA examination was also scheduled in accordance with the July 2017 remand, but the Veteran did not attend or reschedule the examination. Upon review of the record, it does not appear that the Veteran was appropriately notified of the examination. Specifically, the Regional Office (RO) sent notification to the Veteran in October 2017 that an examination would be scheduled by the nearest VA medical facility. This notice was sent to 80 Corunna Street, Saint Augustine, Fl 32084. Notably, VA received returned mail from the postal service at this address and in August 2018 a check for the correct address of the Veteran was accomplished. However, no other correspondence was sent to the most updated address after the verification was accomplished. Given such, another attempt should be made to schedule the Veteran for a medical examination at his most recent address. The matter is REMANDED for the following action: 1. The RO must obtain and confirm Veteran’s current mailing address. 2. The RO must resend all documents sent to the Veteran’s incorrect addresses to the Veteran’s current mailing address. 3. To the extent possible, schedule the Veteran for a psychiatric examination. All communication must be documented in the record. The examiner should determine the nature and etiology of the Veteran’s depressive disorder, to include major depressive disorder. The entire claims file, including a copy of this REMAND, must be provided to the examiner for review. The examiner should respond to the following: (a.) Are the Veteran’s depressive symptoms, indicative of a separate mental disorder or are they manifestations of the Veteran’s service-connected PTSD? (b.) If the Veteran experiences a depressive disorder separate from PTSD, is it at least as likely as not (50 percent probability or more) that the Veteran’s depressive disorder had its onset in service or was caused by, or is otherwise etiologically related to, the Veteran’s active military service? In providing the above opinions, the examiner is asked to consider and address the Veteran’s complete pertinent medical history. A complete rationale for any opinion expressed must be provided. If an opinion cannot be expressed without resort to speculation, discuss why this is the case. In this regard, indicate whether the inability to provide a definitive opinion is due to a need for further information or because the limits of medical knowledge have been exhausted regarding the etiology of the disability at issue or because of some other reason. 4. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claims, and that the consequences for failure to report for a VA examination without good cause may include denial of the claims. 38 C.F.R. § 3.655 (2017). 5. IN THE EVENT THAT THE VETERAN DOES NOT REPORT FOR ANY SCHEDULED EXAMINATION, DOCUMENTATION MUST BE OBTAINED WHICH SHOWS THAT NOTICE SCHEDULING THE EXAMINATION WAS SENT TO THE LAST KNOWN ADDRESS. IT MUST ALSO BE INDICATED WHETHER ANY NOTICE THAT WAS SENT WAS RETURNED AS UNDELIVERABLE. YVETTE R. WHITE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Glaeser, Associate Counsel