Citation Nr: 18155533
Decision Date: 12/04/18	Archive Date: 12/04/18

DOCKET NO. 16-58 173
DATE:	December 4, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, to include obsessive compulsive disorder (OCD), is remanded.
REASONS FOR REMAND
The Veteran had active service from August 1996 to December 1996.
This matter comes to the Board of Veterans’ Affairs on appeal from a rating decision issued in February 2015 by a Department of Veterans Affairs (VA) Regional Office (RO).
The current issue on appeal was submitted in May 2014.  The U.S. Court of Appeals for Veterans Claims has held that claims for service connection for a mental health disability encompass claims for all psychiatric disabilities.  Clemons v. Shinseki, 23 Vet. App. 1 (2009) (scope of mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record).  Accordingly, the current appeal has been recharacterized as entitlement to service connection for an acquired psychiatric disorder, to include OCD.  
By way of background, an RO denied entitlement to service connection for a personality disorder in a January 1997 rating decision, which the Veteran did not appeal and therefore became final.  In this regard, personality disorders are considered developmental defects rather than disabilities for purposes of VA disability benefits.  See 38 C.F.R. § 3.303(c).  As a result, personality disorders are not considered acquired psychiatric disabilities, and the current appeal has not been characterized as an application to reopen a previously denied claim.
Entitlement to service connection for an acquired psychiatric disorder, to include OCD, is remanded.
At the October 2016 VA examination, the Veteran reported that the Social Security Administration (SSA) found him disabled in 2010 or 2011 and that OCD, depression, and anxiety were listed on his claim for SSA disability benefits.  Upon review, the Board finds those records may be relevant to the Veteran’s current appeal.  However, the record does not include such evidence or reflect a request for such records.  Murincsak v. Derwinski, 2 Vet. App. 363 (1992).  Therefore, remand is required to attempt to obtain any records from SSA pertinent to the Veteran’s claim for disability benefits. 
The matter is REMANDED for the following actions:
1. Obtain the Social Security Administration records pertinent to the Veteran’s claim for Social Security disability benefits and the medical records relied upon concerning that claim.
2. The Veteran should be given an opportunity to identify any outstanding private records relevant to the issue on appeal.  He should be asked to complete any necessary authorizations forms for VA to request all outstanding records, and the records should be obtained if the authorization forms are returned.
For private treatment records, make at least two attempts to obtain records from any identified sources.  If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession.
3. Perform any additional development deemed necessary. 

 
M. M. Celli
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Scott Shoreman, Counsel