Citation Nr: 18159949 Decision Date: 12/21/18 Archive Date: 12/20/18 DOCKET NO. 06-25 502 DATE: December 21, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1975 to October 1975. This matter is on appeal from a June 2005 rating decision. In May 2009, the Veteran testified during a Board hearing before a Veterans Law Judge (VLJ) who is no longer employed by the Board. In March 2013, the Veteran testified at a Board hearing before the undersigned VLJ. The Veteran requested an additional Board hearing, but subsequently withdrew his hearing request in August 2014. In August 2010 and August 2012, the Board remanded the claim for additional development. In April 2018, the Board reopened the previously denied claim and then remanded the claim for further development. 1. Entitlement to service connection for an acquired psychiatric disability, to include PTSD, is remanded. In accordance with the Board’s April 2018 remand, the Veteran was sent a letter in April 2018, asking him to identify any outstanding treatment records relevant to his claims. The Veteran was also scheduled for a VA examination in June 2018. He failed to respond to the April 2018 letter and failed to report for his VA examination. A letter notifying the Veteran of his scheduled examination is not of record. However, both the April 2018 letter and the June 2018 examination scheduling request contain the Veteran’s old mailing address. In June 2018, the Veteran notified VA that he was arrested in February 2018 and was writing from the LA County Jail. In October 2018, the Veteran provided VA with his new mailing address. Thus, the Veteran was incarcerated when his June 2018 VA examination was scheduled. Specific procedures apply to the scheduling of an examination for incarcerated veterans, which were not followed for the Veteran. Thus, the matter is REMANDED for the following actions: 1. Determine if the Veteran is currently incarcerated. 2. Resend the April 11, 2018, letter to the Veteran’s current mailing address, as reported in an October 18, 2018 Status Letter. After obtaining any necessary authorization from the Veteran, all outstanding records should be obtained. 3. Schedule the Veteran for a psychiatric examination to determine the nature of any acquired psychiatric disability, to include PTSD. The letter notifying the Veteran of the date and time of the VA examination must be sent to his current mailing address (as reported in an October 18, 2018 Status Letter) and a copy of this letter must be included in the claims file. Following a review of the claims file and examination of the Veteran, the examiner is requested to furnish an opinion with respect to the following questions: (A) The examiner should determine whether the Veteran currently has or has had PTSD at any point relevant to his claim (i.e. since July 2004), even if such diagnosis is currently asymptomatic or resolved during the pendency of the appeal. If PTSD is diagnosed at any point during the appeal period, the examiner must identify the specific stressor(s) underlying any PTSD diagnosis and comment upon the link between the current symptomatology and the Veteran’s stressor(s), if any. (B) The examiner should identify all diagnoses of acquired psychiatric disorders other than PTSD, at any point relevant to his claim (i.e. since July 2004), even if such diagnosis is currently asymptomatic or resolved during the pendency of the appeal. (C) For each currently diagnosed acquired psychiatric disability other than PTSD, the examiner should offer an opinion as to whether it is at least as likely as not (i.e. 50 percent or greater probability) such acquired psychiatric disability was related to the Veteran’s military service, to include the reported stress from experiencing racial tension, undergoing physical problems due to “hernia,” “people. . . giving [him] orders,” and conflicts with his girlfriend at the time. See March 2013 Hearing Tr.; August 1979 VA examination report. If the Veteran is currently incarcerated, take all necessary actions to: (1) arrange transportation of the Veteran to a VA facility for examination; or, (2) contact the correctional facility and have their medical personnel conduct an examination according to VA examination work sheets; or, (3) send a VA or fee-basis examiner to the correctional facility to conduct the examination. Follow the procedures set out in M21-1MR, Part III.iv.3.A.11.d, including conferring with prison authorities to determine whether the Veteran should be escorted to a VA medical facility for examination by VHA personnel or examining the Veteran at the prison by VHA medical personnel, a prison medical provider at VA expense, or a fee-basis provider contracted by VHA. Document all attempts to schedule the Veteran for his examination in the claim file and include negative responses. If examinations cannot be obtained, send the claims file to a VA examiner for the requested medical opinions. 4. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MARJORIE A. AUER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Shauna M. Watkins, Counsel