Citation Nr: 20006779 Decision Date: 01/28/20 Archive Date: 01/27/20 DOCKET NO. 16-52 326 DATE: January 28, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include generalized anxiety disorder and major depressive disorder, is remanded. REASONS FOR REMAND The Veteran has active service from February 1957 to November 1957. This case is before the Board of Veterans’ Appeals (Board) from a September 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes the Veteran requested a hearing on his Form 9. A September 2019 hearing was scheduled and postponed. Subsequently, a December 2019 hearing was scheduled and cancelled. A January 2020 letter from the Veteran’s representative, identified as a written brief of arguments for subsequent presentation and review by a Veterans Law Judge or Board Section is of record. That letter clarifies that nothing further in the way of evidence or substantive argument is to be presented with respect to this appeal. The January 2020 letter, taken in conjunction with facts that two scheduled hearings were postponed and cancelled, and the Veteran’s claim is advanced on the docket, the Board finds the Veteran’s request for a hearing has been withdrawn and continuing with appellate consideration to be appropriate. Entitlement to service connection for an acquired psychiatric disability, to include generalized anxiety disorder and major depressive disorder, is remanded. The Veteran has a diagnosis of generalized anxiety disorder, mild cognitive impairment and major depressive disorder (moderate) pursuant to DSM 5 (9/09/2014 CAPRI, p. 11). The Veteran contends he was treated for depression in recruit training at Fort Dix, New Jersey, and during AIT Advance Training for Infantry in Fort Carson, Colorado (9/15/2014 VA 21-4138 Statement In Support of Claim and 3/21/2014 NA 13055 Request for Information Needed to Reconstruct Medical Data). On July 12, 1973, a fire at the National Personnel Records Center (NPRC) in St. Louis destroyed approximately 80 percent of the records NPRC held for Veterans who were discharged from the Army between November 1, 1912, and January 1, 1960, and 75 percent of the records NPRC held for Veterans with surnames beginning (alphabetically) with Hubbard and running through the end of the alphabet, and who were discharged from the Air Force between September 25, 1947, and January 1, 1964. Of record is a letter indicating that the Veteran’s records are not available and may have been destroyed in the NPRC fire (7/22/2013 Third Party Correspondence). As the Veteran’s in-service records are unavailable and were likely destroyed in the NPRC fire, the VA has a heightened duty to assist the claimant in developing the claim, as well as to consider the applicability of the benefit of the doubt rule and to explain its decision. O'Hare v. Derwinski, 1 Vet. App. 365, 367 (1991). Under these circumstances, given VA's heightened duty to assist the Veteran in developing his claim, the Board finds that a medical opinion should be obtained in this case. The medical evidence of record does not include any notes or details regarding the Veteran’s in-service experience or discussion of the origins of his diagnostic history, therefore the Board finds there is insufficient medical evidence to decide this claim. In situations where there is insufficient medical evidence to decide a claim, the Board must remand the issue for a VA examination to be obtained addressing the etiology of the Veteran’s present disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: Schedule the Veteran for a VA psychiatric examination. After review of the record and interview of the Veteran, the VA examiner should comment on the following inquiries: The examiner should identify any and all acquired psychiatric disorder(s) that is/are currently manifested, or that has/have been manifested at any time during the pendency of the Veteran’s claim. For each acquired psychiatric disorder that is currently shown or that has been manifested at any time during the appeal period, the examiner should opine whether it is at least as likely as not (i.e. probability of 50 percent or greater) that such disability was either incurred in, or is otherwise caused by or aggravated by the Veteran's active service. The examiner is reminded to consider the Veteran’s lay reports, and a reason must be provided if the Veteran’s lay reports are rejected. In this case, the Veteran’s assertions that he was treated for depression during service, between February 1957 and November 1957 should be specifically addressed. The examiner is reminded that lay statements cannot be rejected solely due to a lack of medical documentation. The examiner should reconcile any conflicting medical evidence of record to the extent possible. A comprehensive rationale for all opinions expressed must be provided. The copy of the examination report and all completed test reports should be associated with the claims folder. If an opinion cannot be rendered without resorting to speculation, the examiner must explain in detail why an opinion cannot be offered. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board P. A. Myers 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.