Citation Nr: 21001589 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 16-13 296 DATE: January 11, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder, major depression, and posttraumatic stress disorder (PTSD), is remanded. Entitlement to service connection for the cause of the Veteran’s death is remanded. REASONS FOR REMAND The Veteran had active service from July 1967 to March 1971. He served in Vietnam and was awarded the Combat Infantryman Badge (CIB). He died in July 2012, and the appellant is his surviving spouse. These matters come before the Board of Veterans’ Appeals (Board) on appeal from rating decisions rendered in May 2012 and April 2013. In March 2019, the appellant and her daughter testified at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ). In November 2020, the Agency of Original Jurisdiction (AOJ) determined that the appellant qualified as a proper substituted claimant for the purpose of pursuing the above-referenced service connection claim for an acquired psychiatric disorder. 1. Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder, major depression, and PTSD, is remanded. 2. Entitlement to service connection for the cause of the Veteran’s death is remanded. During the March 2019 Board hearing, the appellant indicated that the Veteran had received private medical treatment for a psychiatric disorder during annual physical examinations while employed with the United States Postal Service (USPS) and from a private physician identified as Dr. N. in 2010. Any additional identified private treatment records should be obtained and associated with the record. Whether those records are obtained or not, the RO should obtain an opinion regarding the Veteran’s psychiatric disorder and his cause of death. The matters are REMANDED for the following actions: 1. Contact the appellant and afford her the opportunity to identify or submit any additional pertinent evidence in support of her claims, to include the Veteran’s private medical treatment for a psychiatric disorder during annual physical examinations while employed with the USPS and from a private physician identified as Dr. N. in 2010. With any needed assistance from the appellant, obtain any identified private treatment records reflecting treatment for the Veteran’s claimed psychiatric disorder. The RO must make two attempts to obtain any private records identified, unless the first attempt demonstrates that further attempts would be futile. If private records are identified, but not obtained, then the RO must notify the appellant of (1) the identity of the records sought, (2) the steps taken to obtain the records, (3) that the claim will be adjudicated based on the evidence available, and (4) that if the records are later obtained, the claim may be readjudicated. 2. After completing the above actions, whether any new evidence is obtained or not, the RO should obtain an opinion from a qualified medical professional as to whether or not it is at least as likely as not (50 percent probability or more) that the Veteran had a psychiatric disability, to include PTSD or any other psychiatric disability, that began in service, was caused by service, or is otherwise related to service. The RO should also obtain an opinion from the same medical professional as to whether it is at least as likely as not (50 percent probability or more) that the Veteran’s service or any service-connected disability was a cause or significant contributing factor to his death. A complete rationale must be provided for any opinion offered. ROBERT C. SCHARNBERGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. D. Deane, 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.