Citation Nr: 20048899 Decision Date: 07/22/20 Archive Date: 07/22/20 DOCKET NO. 15-11 186 DATE: July 22, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Army from August 5, to November 2, 1981. This appeal comes before the Board of Veterans’ Appeals (Board) from an August 2013 rating decision of a Department of Veterans Affairs Regional Office (RO). In June 2019, the Veteran testified before the undersigned Veterans Law Judge via video conference. A transcript of the hearing is of record. The Veteran seeks service for an acquired psychiatric disorder, which he claims is related to service. During the hearing, it was stated by the undersigned that the Veteran already has a conceded in-service stressor; however, a review of the record shows that such has not been established. While the Veteran and his representative were asked during the hearing about the stressor, they were unable to provide any details. Here, the Board notes that, while available medical records do not contain a current diagnosis of a psychiatric disorder, the Veteran’s attorney stated during the hearing that the Veteran has dementia. The Veteran’s attorney also indicated that VA had the Veteran’s service treatment records, however the Board notes that such are not of record and have in fact been deemed unavailable, along with the Veteran’s service personnel records. The Veteran was notified of this fact in August 2013. However, it is unclear if the Agency of Original Jurisdiction (AOJ) searched all avenues available to obtain the Veteran’s service records. In this regard, the AOJ only submitted a records inquiry through the Personnel Information Exchange System (PIES). Private treatment records from Tufts Medical Center, as well as the fact that the Veteran is in receipt of Social Security Disability Insurance, were identified during the hearing. A review of the record indicates that there may also be additional outstanding treatment records. In this regard, the AOJ attempted to obtain records from Bowdoin Family Practice; that facility appears to have returned VA’s letter in January 2012, but it is unclear whether such was a negative reply. The AOJ also attempted to obtain records from the Beth Israel Deaconess Medical Center; however that facility responded in February 2012 indicating they had not been provided with patient authorization to release the Veteran’s records. Lastly, the AOJ made two attempts to obtain records from Boston Medical Center, but it appears that a reply was never received. The matters are REMANDED for the following action: 1. Undertake appropriate action to obtain all service records for the Veteran. Inquire of potential repositories or custodians of such records, to include the Defense Personnel Records Information Retrieval System (DPRIS) as well as appropriate offices within the United States Army. If a full set of service records cannot be obtained, then document in a Memorandum of Unavailability to the file the attempts that were made and explain why additional attempts to obtain the records would be futile. Provide to the Veteran correspondence notifying him of the specific records that could not be obtained, explaining the efforts VA has made to obtain this evidence, and describing any further action VA will take to develop the claim. The Veteran must be given an opportunity to respond. 2. Send the Veteran a letter (i.e. stressor verification form) requesting any pertinent information to assist VA in attempting to verify any in-service stressors. Following receipt of any response, appropriate action should be taken to attempt to verify any reported stressors that are capable of verification to include contacting JSRRC and any other appropriate sources. If the search for corroborating records leads to negative results, the RO must notify the Veteran and his representative of this fact, explaining the efforts taken, describing further action, if any, to be taken, and affording them the opportunity to respond. The RO should also follow up on any additional action suggested by each appropriate source contacted. 3. Take appropriate action to obtain authorization from the Veteran to request his private treatment records, to specifically include records from: Tufts Medical Center; Beth Israel Deaconess Medical Center; Boston Medical Center; and, Bowdoin Family Practice. Make at least two (2) attempts to obtain records from any identified sources. If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. 4. Obtain the Veteran’s disability records from the Social Security Administration, including copies of all decisions and any underlying medical evidence. Document all requests for information as well as all responses in the claims file. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.Z., 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.