Citation Nr: 20033859 Decision Date: 05/14/20 Archive Date: 05/14/20 DOCKET NO. 18-07 043 DATE: May 14, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include depression and post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from February 1953 to February 1955. The issue is on appeal from an April 2017 rating decision. Service connection for an acquired psychiatric disorder, to include depression and PTSD, is remanded. The Board of Veterans’ Appeals (Board) finds that additional development is warranted for the claim on appeal. A remand is necessary in order to ensure compliance with the July 2019 Board remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, in the July 2019 Board remand, the agency of original jurisdiction (AOJ) was instructed to schedule the Veteran for a VA examination to determine the nature and etiology of any acquired psychiatric disorder, to include depression and PTSD. The Veteran’s claims file shows a February 2020 notification letter alerting him that the AOJ had requested an examination through a private medical facility. The private facility was to notify the Veteran of the date, time, and location of the examination via telephone, writing, or both. In a March 2010 notice, the Veteran was deemed a no-show for an allegedly scheduled VA examination – the date of the examination is blank. It is not clear to the Board whether the Veteran was ever scheduled for a VA examination for his acquired psychiatric disorder. Further, even if the Veteran was scheduled for an examination, there is no notification in the record showing that the Veteran was properly notified of the examination. The Board notes the AOJ contacted the Joint Service Records Research Center (JSRRC) in order to verify the Veteran’s stressor. The Veteran asserts that his current psychiatric disorder is due to witnessing a tank run over fellow soldiers during a field exercise in November 1954. In support of his claim, he submitted a letter he sent to his brother in November 1954 the day before going on field exercises as well as pictures taken while in the field. He has also submitted internet articles concerning field exercises during this period. However, in January 2020, the JSRRC identified that despite research coordinated with the National Archives and Records Administration, there was no finding of any unit records to verify that two unnamed soldiers were run over by a tank in 1954 during Operation Monte Carlo in Germany. Therefore, the Veteran’s reported stressor could not be verified. In the alternative, he reported fearing for his life from the Russians while in service during the Cold War in Berlin, Germany. Accordingly, a remand is required to obtain a VA examination pursuant to the July 2019 remand directives. The matters are REMANDED for the following action: 1. The Veteran should be afforded a VA examination for his acquired psychiatric disorder in accordance with the July 2019 remand directives. The examiner should determine the nature and etiology of any acquired psychiatric disorder. The examiner is asked to answer whether the Veteran meets the diagnostic criteria for PTSD and if so, the examiner should specifically opine whether such disorder is at least as likely as not (i.e. 50 percent or greater) related to the Veteran’s reported stressor, or related to a fear of hostile military or terrorist activity during the Cold War. The Board notes that the JSRRC could not verify the Veteran’s stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not (i.e. 50 percent or greater) related to an in-service injury, event, or disease. In the event that the Veteran does not report for any scheduled examination, documentation showing that he was properly notified of the examination must be associated with the evidence of record. (Continued on next page) 2. Readjudicate the appeal. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Lee 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.