Citation Nr: 18106955 Decision Date: 06/01/18 Archive Date: 05/31/18 DOCKET NO. 14-23 731 DATE: June 1, 2018 REMANDED Service connection for a psychological disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1970 to July 1972. The case is on appeal from a March 2013 rating decision. In March 2018, the Board sent correspondence to the Veteran noting that his representative is the state veterans service organization (VSO), the Colorado Department of Veteran’s Affairs. This is based on the most recent VA Form 21-22 appointing a representative received in December 2015. This revoked all prior representation. However, a Ms. Lavranchuk from Alpha Veteran Disability Advocates has been corresponding with VA about the appeal. This is the Veteran’s former agent representative, but the prior June 2012 power of attorney has been revoked. The Veteran did not respond to the Board’s correspondence. Thus, the state VSO remains the authorized representative for his appeal. If the Veteran wishes Ms. Lavranchuk to be listed as his representative, he should contact her, inform her that she is not currently listed as his representative, and together with her complete the necessary authorization form VA to recognize her has his representative. Service connection for a psychological disorder, to include PTSD, depression, and anxiety In February 2016, the Board remanded this claim to afford the Veteran a new VA examination and obtain a medical opinion as to the etiology of his psychiatric disorders. The examination was scheduled for April 2016, and it appears that the Veteran was informed of the examination, or at the least the Veteran does not indicate that there was any deficiency in this regard. However, he missed the examination. In July 2017, the Veteran wrote to inform VA that he was unable to attend the April 2016 examination because his ex-wife became ill. He says that he tried calling to reschedule, but never got through to anyone or received a call back. In the context of a service connection claim, when entitlement to a benefit cannot be established without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination, or reexamination, the claim shall be adjudicated on the evidence of record. 38 C.F.R. § 3.655(b). Good cause includes, but is not limited to, illness or hospitalization of the claimant and death of an immediate family member. 38 C.F.R. § 3.655(a). The Veteran reported missing his examination because his ex-wife became ill. The Board finds this statement credible and his reasoning to constitute good cause. Therefore, the case is remanded for rescheduling of the VA examination and a request for a medical opinion as set forth in the Board’s February 2016 remand. The matter is REMANDED for the following action: Schedule the Veteran for a new VA psychiatric examination with a psychiatrist or psychologist. The examiner should note that the claims file was reviewed. The examiner should conduct a full psychological evaluation of the Veteran. The examination should not be limited to PTSD alone. Then: (A) For each psychiatric disability present at any time since 2012, the examiner should state whether it is at least as likely as not the result of a disease or injury in active service, including any combat or other in-service stressor. The examiner should note that VA has conceded the Veteran’s exposure to combat stressors. (B) If that Veteran has not met the criteria for a PTSD diagnosis, the examiner should specify the criteria that have not been met. If PTSD criteria are met, the examiner should specify the supporting stressors. (C) If a substance abuse disorder is found to have been present at any time since 2012, the examiner must provide an opinion as to whether it is at least as likely as not proximately due to, or, chronically aggravated by an acquired psychiatric disability that is related to a disease or injury in service. The examiner must provide reasons for these opinions. The examiner should state whether if the Veteran’s reports were accepted, they would be sufficient to establish a link between a current psychiatric disability and service; and if so, whether there is any medical reason for rejecting those reports. A copy of the correspondence sent to the Veteran informing him of the time and place of examination should be added to the claims file if he fails to report to the examination. RYAN T KESSEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. George