Citation Nr: 20021089 Decision Date: 03/24/20 Archive Date: 03/24/20 DOCKET NO. 17-35 715 DATE: March 24, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include major depression, personality disorder, and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from July 1999 to February 2001. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2014 rating decision. In January 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of that hearing is of record. While claims for service connection for an acquired psychiatric disorder have previously been finally denied, most recently in December 2008 and June 2009, new and material evidence is not necessary before the Department of Veterans Affairs (VA) looks at the merits of this claim as additional, relevant service records have been added to the file since the most recent final denial. See 38 C.F.R. § 3.156; see also July 2, 2013 Deferred Rating. The Veteran contends he has an acquired psychiatric disorder related to his active military service. See July 2017 Substantive Appeal. The Veteran reported that he witnessed soldiers injured while he was deployed to Kosovo or southern Bosnia in 2000. See January 2020 Hearing Tr. at 10-12. This claim has been denied in part based on the Veteran not having a current diagnosis of PTSD, to include at the most recent VA examination conducted in May 2017. However, at his hearing the Veteran testified that he believes he was recently diagnosed with PTSD at VA in September or October 2019. See January 2020 Hearing Tr. at 7. The record was held open so that the Veteran could supplement the record with the missing VA treatment records, but no records have been received. As such, the case must be remanded to obtain the missing VA treatment records. The Veteran also reported applying for Social Security Administration (SSA) disability benefits for his mental health condition. See February 2008 Authorization and Consent to Release Information to VA. Those records have not yet been obtained. On remand, SSA records should be obtained, as should the Veteran’s service personnel record. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to his acquired psychiatric disorder claim. All identified VA records should be added to the claims file, to specifically include records from September and October 2019 (it is unclear from the transcript if this treatment was at the Ann Arbor or Benton Harbor, Michigan VA facility). All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. Obtain the Veteran’s complete service personnel record. 3. Request all documents pertaining to any application by the Veteran for SSA disability benefits, including the medical records considered in deciding the claim. 4. After review of any records added to the file, the Agency of Original Jurisdiction should consider whether any additional development is necessary, such as an additional VA examination or stressor development. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Mathew 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.