Citation Nr: 19158366 Decision Date: 07/29/19 Archive Date: 07/29/19 DOCKET NO. 04-39 678 DATE: July 29, 2019 REMANDED Entitlement to a rating in excess of 30 percent for other specified depressive with other specified stressor-related disorder is remanded. REASONS FOR REMAND The Veteran had active service from December 1969 to July 1974. Due to repeated periods of unauthorized absence, he had 1 year, 11 months, and 9 days of credited service time. This case is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In pertinent part, a June 2018 Board decision denied the Veteran’s claim for a rating in excess of 30 percent for service-connected other specified depressive with other specified stressor-related disorder. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a Joint Motion for Remand (JMR) the parties agreed that the Board did not provide an adequate statement of reasons and bases for determining that the Veteran’s suicidal ideation and poor hygiene were due to the Veteran’s non-service-connected psychiatric disorder rather than his service-connected other specified depressive with other specified stressor-related disorder. In a February 2019 order, the Court granted the parties’ JMR vacating the June 2018 decision and remanding the claim to the Board for further adjudication. Entitlement to a rating in excess of 30 percent for a service-connected other specified depressive with other specified stressor-related disorder is remanded. In light of the JMR, the Board finds that further clarification is warranted to address whether the Veteran’s suicidal ideation and poor hygiene that were noted in Dr. Gordon’s May 2002 letter were due to the Veteran’s service-connected other specified depressive with other specified stressor-related disorder or separate and distinct non-service-connected psychiatric disorders. Additionally, in a June 2019 statement, the Veteran reported that his mental health had “decompensated” since his last VA examination. Accordingly, on remand, reasonable efforts should be made to provide the Veteran a VA examination to ascertain the current severity and manifestations of his service-connected other specified depressive with other specified stressor-related disorder. In a June 2019 statement, the Veteran reported that he continued to receive mental health treatment from Dr. Lamb, an Oregon Department of Corrections (ODOC) contracted psychiatrist. A review of the record indicates that the most recent ODOC treatment records are dated in August 2017. Accordingly, these updated records have not been requested or otherwise obtained. On remand, reasonable efforts should be made to obtain updated treatment records from the ODOC. The matter is REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disabilities, to include any records from the ODOC. After securing any necessary releases, request any relevant records identified. If any requested records are unavailable, the Veteran should be notified of such. 2. After records development is completed to the extent possible, schedule the Veteran for an examination to determine the current severity of his service-connected other specified depressive with other specified stressor-related disorder. If an examination cannot be provided due to the Veteran’s incarceration, the claims file should be forwarded to an appropriate clinician to obtain the requested addendum opinions. The claims file should be reviewed by the clinician. All symptomatology associated with the Veteran’s service-connected other specified depressive with other specified stressor-related disorder should be reported. a. To the extent possible, the examiner should provide a retrospective opinion as to the severity of the Veteran’s service-connected other specified depressive with other specified stressor-related disorder since May 2000. In doing so, the clinician should differentiate between the symptoms and social and occupational impairment attributable to the Veteran’s service-connected other specified depressive with other specified stressor-related disorder and those related to his non-service-connected diagnoses, including posttraumatic stress disorder (PTSD), bipolar disorder, adjustment disorder, malingering, anti-social personality disorder, and personality disorder with inadequate and asocial traits. b. The clinician should also address whether the deteriorated personal hygiene, “frequent suicidal thoughts,” and panic attacks that were noted in the Dr. Gordon’s May 22, 2002 report, “intermittent suicidal thinking” that was noted in Dr. Bridenbaugh’s February 2011 report, and past suicidal thoughts noted in the February 22, 2017 record from Dr. Dravis were due to the Veteran’s service-connected other specified depressive with other specified stressor-related disorder or a separate and distinct non-service-connected psychiatric disorder. c. If it is not possible to provide any of the requested retrospective opinions, the clinician must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). A complete rationale should be provided for all opinions and conclusions expressed. K. A. BANFIELD Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Anderson The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.