Citation Nr: 18158651 Decision Date: 12/17/18 Archive Date: 12/17/18 DOCKET NO. 17-02 112 DATE: December 17, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include depression and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from March 1970 to November 1972, to include service in the Republic of Vietnam from December 1970 to December 1971. The Veteran seeks entitlement to service connection for an acquired psychiatric disability, to include depression and PTSD. He maintains that when he arrived in Vietnam he was treated unfairly by his commanding officer who refused to promote him. The Veteran also states that his job assignment was on the heliport in pitch black conditions. Due to the combination of the unfair treatment and the working conditions, the Veteran avers that he began to experience depression and self-medicated by using heroin. He reports that his drug use continued for many years following service and that his depression has continued to the present time. VA is obliged to provide an examination or obtain a medical opinion in a claim of service connection 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 (2006). The threshold for finding a link between current disability and service is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon, 20 Vet. App. at 83. The medical record indicates that the Veteran has a diagnosis of depression, which he has stated has caused waxing and waning symptoms since his Vietnam service. Other recent psychiatric records show treatment for opioid dependence. Thus, there is competent evidence of a current disability. The Veteran’s service treatment records also indicate that the Veteran used heroin in December 1971. While service connection cannot be granted for a disability due to willful misconduct, which can include drug use, the Board of Veterans’ Appeals (Board) finds that the evidence of drug use could indicate that the Veteran had in fact developed an acquired psychiatric disability during service, to include depression, and that this condition may have persisted to the present day. However, as no VA examination or medical opinion has been provided, the Board does not have sufficient information at its disposal to make a decision on this claim. Therefore, a VA examination must be provided. Further, the Board notes that since the issuance of the statement of the case in November 2016, additional VA treatment records have been associated with the claims file. Concerning the more recently associated VA treatment records, the Board observes that a Supplemental Statement of the Case (SSOC) must be furnished to the claimant when additional pertinent evidence is received after a Statement of the Case (SOC) has been issued. 38 U.S.C. § 7105; 38 C.F.R. § 19.31. As such, a remand is also required for the issuance of an SSOC. The matter is REMANDED for the following action: 1. Obtain and associate with the claims file any outstanding VA treatment records. 2. After obtaining the necessary authorization from the Veteran, obtain and associate with the claims file any identified relevant private medical records. All attempts to secure these records must be documented in the record. If any requested records are unavailable, the Veteran should be notified of such in accordance with 38 C.F.R. § 3.159 (e). 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any acquired psychiatric disability, to include depression and/or PTSD. The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the Veteran’s treatment by his commanding officer and the conditions of his in-service work assignment. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Bush