Citation Nr: 20021476
Decision Date: 03/25/20	Archive Date: 03/25/20

DOCKET NO. 17-16 607
DATE: March 25, 2020

REMANDED

Entitlement to service connection for a mental health condition, claimed as depression and anxiety with substance abuse is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Marines from July 1980 to January 1982, with active duty for training from June 1976 to November 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In December 2019, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. A transcript of that proceeding is of record.

1. Entitlement to service connection for a mental health condition, claimed as depression and anxiety with substance abuse is remanded.

The Veteran is seeking service connection for a mental health condition. The Veteran noted he has been hospitalized at the VA Medical Center in Seattle in the 1980s and since that time. Outstanding VA treatment records should be requested. Additionally, the Veteran’s complete service personnel records should be requested. Finally, a VA examination is needed.

The matters are REMANDED for the following action:

1. Ask the Veteran to provide the names and addresses   of all medical care providers who have treated him for his mental health conditions and substance abuse. After securing the necessary releases, request any identified records that are not duplicates of those associated with the claims file. If any requested records cannot be obtained, the Veteran should be notified of such.

2. Request all VA treatment records from the Seattle VA Medical Center, to include any reports of hospitalization in the 1980s and since that time. If any requested records cannot be obtained, a determination as to whether further efforts to obtain the records would be futile should be made and the Veteran notified.

3. Request the Veteran’s complete service personnel records. If the requested records cannot be obtained, a determination as to whether further efforts to obtain the records would be futile should be made and the Veteran notified.

4. After the records development is completed and the available records associated with the claims file, schedule the Veteran for a VA mental health examination. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. Following review of the claims   file and examination of the Veteran, the examiner should provide a diagnosis for any psychiatric disorder identified. Thereafter, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that a current diagnosed psychiatric disability, to include depression as noted in treatment records, arose in service or is otherwise related to his active service. The examiner should provide a rationale for the conclusion reached. 

5. If the claims remain denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. N. Wilson, Associate Counsel

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.