Citation Nr: 21000477 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 15-34 961A DATE: January 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and bipolar disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1976 to July 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans’ Law Judge (VLJ) at a videoconference hearing in November 2016. A transcript of the hearing has been associated with the file. The Board remanded the matter in September 2018 for further development. Unfortunately, the case must be remanded again as the development requested as not been completed. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Acquired psychiatric disability, to include PTSD and bipolar disorder. The Veteran contends that his acquired psychiatric disorder began in service. The Veteran has a current diagnosis of bipolar disorder. The Veteran has an additional diagnosis of PTSD but has not alleged any stressors that would qualify this diagnosis for service connection. In a September 2010 mental health examination, at his November 2016 videoconference hearing, and at a May 2019 VA examination, the Veteran stated that he remembered seeing a psychiatrist while stationed in Germany. However, no such records are present in the Veteran’s service treatment records (STRs). The Board’s 2018 Remand sought to obtain any such records, and while an item in the file labeled “Misdirected Development” dated February 2019 seemed to note that this development request was being addressed, it is not clear whether any search was undertaken as requested. As such, remand is warranted to attempt to obtain these records. See Dyment v. West, 13 Vet. App. 141, 147 (1999) (clarifying that substantial compliance with Board remand is required). The matter is REMANDED for the following action: 1. Ask the Veteran to identify any health care providers, either during service or after, who may have treated the Veteran for his mental health condition. Ask the Veteran to complete a VA Form 21-4142 for each health care provider so identified. Make two requests for the authorized records from any identified health care providers, unless it is clear after the first request that a second request would be futile. 2. For any Army medical facility identified, seek those clinical treatment records, specifically, any mental health clinical treatment records as well as any others that may have been generated by counseling the Veteran may have received. (The Board specifically notes an October 1978 STR that reflects a discussion of drug and alcohol abuse, that references the Veteran was “active CDAAC” which implies he was in counseling. Any available “CDAAC” records should be sought.) 3. After the above development has been completed and any additional records obtained have been associated with the claims file, obtain an addendum opinion from an appropriate clinician to determine the nature and etiology of any acquired psychiatric disorders. For any acquired psychiatric disorder diagnosed, the examiner must opine whether it is at least as likely as not related to any in-service injury, or disease; or if PTSD is diagnosed, an in-service stressor. The reviewer also is requested to address whether any behaviors noted in servicer were earlier manifestations of any current psychiatric disability. If an examination of the Veteran is necessary to obtain the requested opinions, one should be arranged. 4. Readjudicate the claim. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Geer, 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.