Citation Nr: 18122062 Decision Date: 07/27/18 Archive Date: 07/27/18 DOCKET NO. 14-32 264 DATE: July 27, 2018 REMANDED Entitlement to service connection for hepatitis C is remanded. Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety disorder, and major depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1968 to November 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2012 rating decision. Pursuant to his February 2015 request, the Veteran was scheduled for a videoconference hearing before a Veterans Law Judge in October 2017. However, the Veteran failed to appear at the scheduled time and location. Under the applicable regulation, if an appellant fails to appear for a scheduled hearing and a request for postponement has not been received and granted, the case will be processed as though the request for a hearing had been withdrawn. 38 C.F.R. 20.702(d) (2017). As no good cause has been alleged, the request for a hearing is considered withdrawn. Entitlement to service connection for hepatitis C and psychiatric disorders are remanded. A review of the record reveals that following service discharge, the Veteran was incarcerated on multiple occasions. At an October 2005 VA examination for a pension claim, the Veteran reported serving a 15-year sentence between the ages of 24 and 39; a five-year sentence at age 40; and another 15-year sentence that ended in 2003. However, it does not appear efforts have been undertaken to obtain the Veteran’s prison medical records. Additionally, VA examinations are necessary to assess the Veteran’s service connection claims for hepatitis C and psychiatric disorders. The matters are REMANDED for the following action: 1. Obtain the Veteran’s service personnel records, to include his record of assignments, specialty testing and if available, any record of temporary duty assignments or additional training indicating that the Veteran had military/naval training other than that noted on his separation document indicating that he was a cook. If no records are available, inform the Veteran of this fact, tell him what efforts were made to obtain the records, and advise him of any additional development that will be undertaken. The procedures outlined in 38 C.F.R. § 3.159 must be followed. Associate any records obtained with the claims file. 2. Undertake appropriate steps to obtain the Veteran’s prison medical records from the Washington State Department of Corrections. If no records are available, inform the Veteran of this fact, tell him what efforts were made to obtain the records, and advise him of any additional development that will be undertaken. The procedures outlined in 38 C.F.R. § 3.159 must be followed. Associate any records obtained with the claims file. 3. After any additional evidence is associated with the claims file, schedule the Veteran for a VA examination to determine the nature and etiology of his hepatitis C. The claims file, to include a copy of this remand must be made available to the examiner for review, and the examination report should reflect that such a review was accomplished. The examiner should elicit a complete history from the Veteran. 4. Based upon a review of the entire record and history provided by the Veteran, the examiner should provide an opinion as to the following: (a.) Whether the Veteran’s current hepatitis C onset during service. 5. The examiner must review the record. In addition to any records that are generated because of this remand, the VA examiner’s attention is drawn to the following: (a.) December 1967, November 1969 Service Treatment Records – Reports of Medical Examination and History were normal (b.) October 2005 VA Examination – Examiner noted it was unknown how the Veteran contracted the disease (c.) February 2011 Private Medical Record – Letter from a mental health counselor stated the Veteran contracted hepatitis C because of in-service immunizations by use of multi-use gun injector; Veteran has never been an IV drug user or had a blood transfusion (d.) April 2011, October 2011, October 2015 Lay Statements – Veteran contends he contracted hepatitis C due to air gun injections that were not cleaned while in service (e.) August 2013 Decision Review Officer (DRO) Hearing Transcript – Veteran testified that in boot camp he received a shot from a needle-gun that was not cleaned from one person to the next; stated that he has tattoos but clean needles were used 6. Schedule the Veteran for VA mental health disorders and PTSD examinations to obtain an opinion as to the nature and etiology of all acquired psychiatric disorders. The claims file, to include a copy of this remand must be made available to the examiner for review, and the examination report should reflect that such a review was accomplished. The examiner should elicit a complete history from the Veteran. 7. Based upon a review of the entire record and history provided by the Veteran, the examiner should address the following: Identify all acquired psychiatric disorders. IF A DIAGNOSIS OF PTSD IS PROVIDED, the VA examiner should provide the following opinion: (a.) Did the Veteran’s PTSD have its onset during service or is otherwise related to active service? The VA examiner should identify the claimed stressor(s) that serve(s) as the basis for the diagnosis of PTSD, or if the diagnosis is based on the Veteran’s fear of hostile military or terrorist activity. FOR ALL OTHER PSYHIATRIC DIAGNOSES, the VA examiner should provide the following opinions: (b.) Did the acquired psychiatric disorder other than PTSD have its onset during service or is otherwise related to active service? 8. The examiner must review the record. In addition to any records that are generated because of this remand, the VA examiner’s attention is drawn to the following: (a.) December 1967, November 1969 Service Treatment Records – Reports of Medical Examination and History were normal (b.) March 2005 VA Medical Records (VAMRs) – Veteran had negative PTSD screening; assessed to have anxiety disorder (c.) May 2005 VAMRs – Veteran reported a history of anxiety but denied depression; depression symptoms included boredom, sadness, irritability, loss of interest (d.) August 2005 VAMRs – Depression described as stable (e.) October 2005 VA Examination – Veteran reported that since he left prison in 2003, he has become extremely frightened of crowds; diagnosed with agoraphobia without history of panic disorder and antisocial personality disorder (f.) April 2011, May 2011, October 2011, September 2012 Lay Statements – Veteran contends PTSD caused by exposure to mustard gas during a basic training exercise in August 1968 while stationed at US Naval Station Chicago, Great Lakes (THE EXAMINER IS ADVISED THAT THE VETERAN’S EXPOISURE TO MUSTARD GAS HAS NOT BEEN CORROBORATED, ALTHOUGH IT IS LIKELY HE RECEIVED EXPOSURE TO CROWD CONTROL GAS AS PART OF HIS ROUTINE PROTECTIVE MASK TRAINING) (g.) October 2011, September 2012 Lay Statements – Veteran contends PTSD and depression caused by inability to adapt to society following his return to the United States after the Vietnam War (h.) March 2013 Lay Statement – Veteran stated he feared a boat would fall on him and crush him, which caused anxiety (i.) August 2013 DRO Hearing Transcript – Veteran testified that during service, he cleaned the bottoms of boats; a boat placed on rotten blocks fell and that is when PTSD began. (j.) August 2014 VA Memorandum – An October 2011 response from the Department of Defense Mustard Gas Data Base verified that there was no mustard gas administrated at Great Lakes III 9. Readjudicate the issues on appeal. If any benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Miller, Associate Counsel