Citation Nr: 20070366 Decision Date: 10/29/20 Archive Date: 10/29/20 DOCKET NO. 10-41 080 DATE: October 29, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1979 to March 1986. A Board of Veterans’ Appeals (Board) hearing was held in Washington, D.C. in November 2017. A transcript of the hearing is included in the claims file. The Board previously remanded this matter in June 2014 and February 2018 for additional evidentiary development. The case has now returned to the Board for appellate review. Entitlement to service connection for an acquired psychiatric disorder is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claim so that she is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. The Veteran is seeking entitlement to service connection for an acquired psychiatric disorder. As previously mentioned, the Board remanded this claim in June 2014 to obtain outstanding VA medical treatment records and the Veteran’s Social Security Administration (SSA) records. The Board notes that the treatment and SSA records have since been associated with the claims file. The Board remanded this claim again in February 2018 to resend undeliverable mail to the Veteran at her updated address, to obtain the Veteran’s VA medical treatment records, to obtain the Veteran’s military personnel records (MPRs), and to afford the Veteran a VA examination, if indicated. Pursuant to the February 2018 Board remand, the Agency of Original Jurisdiction (AOJ) sent the undeliverable mail and an August 2018 subsequent development letter to the New York address that the Veteran provided at the Board hearing, and the Veteran’s MPRs were associated with the claims file. Also pursuant to the Board remand, the AOJ scheduled the Veteran for a VA examination in December 2019, but the Veteran failed to report. The Board notes that the claims file contains an Exam Scheduling Request printout indicating that a request for an examination was made on December 3, 2019. Then, on December 18, 2019, an Exam Scheduling Request Contention Cancelled printout was added to the claims file, noting that the Veteran failed to report for the examination. There are no copies of letters notifying the Veteran of the location, date, and time of the examination associated with the record. Further, the claims file reflects that the Veteran was temporarily living in New York at the time of the November 2017 Board hearing and the VA examination was scheduled in California. It is unclear to the Board to which address any notice was sent. The Board finds that effort should be made to confirm the Veteran’s current mailing address and to afford her with a VA examination. The Board therefore finds that remand is indicated to afford the Veteran the opportunity to report for a VA examination for her acquired psychiatric disorder. Efforts should be undertaken to contact the Veteran, confirm her current address, and then schedule her for a VA examination. Copies of all scheduling-related notification letters sent to the Veteran must be associated with the claims file, including any notice that the Veteran failed to appear for an examination, if that is the case. The Veteran is reminded that she is to cooperate in the development of her claim. Wood v. Derwinski, 1 Vet. App. 190 (1991). Further, the Veteran is advised that failure to report for any scheduled examinations, without good cause, will result in denial of her claim. See 38 C.F.R. § 3.655. The matter is REMANDED for the following action: 1. Take appropriate steps to verify the Veteran’s current address and contact information. Any attempts to contact the Veteran or verify her address should be documented in the record. 2. Thereafter, schedule the Veteran for an appropriate VA examination to determine the nature and etiology of her acquired psychiatric disorder. (a.) The Veteran is hereby notified that when an examination is scheduled, it is her responsibility to report for the examination and to cooperate in the development of her claim. The consequences for failure to report for any VA examination without good cause may include denial of the claim. See 38 C.F.R. §§ 3.158, 3.655. A copy of the notification letter advising her of the time, date, and location of the scheduled examination must be included in the claims file and must reflect that it was sent to her last known address of record and not returned. (b.) The examiner should diagnose all current acquired psychiatric disorders. (c.) The examiner should then determine whether it is at least as likely as not (50 percent probability or greater) that any such diagnosed psychiatric disorder(s) are related to the Veteran’s service. (d.) The examiner should provide a detailed rationale for all opinions offered, including a discussion of the evidence of record and medical principles which led to the conclusions reached. If an opinion cannot be provided without resort to speculation, the examiner should explain why it is not possible to provide an opinion. (e.) It should be noted that the Veteran is competent to attest to factual matters of which she had first-hand knowledge, including observable symptomatology. 3. After the development requested has been completed, the AOJ should review the expanded record to ensure complete compliance with the directives of this REMAND. If any report is deficient in any manner, implement corrective procedures at once. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Frazier, Associate Attorney 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.