Citation Nr: 21002257 Decision Date: 01/13/21 Archive Date: 01/13/21 DOCKET NO. 16-16 047 DATE: January 13, 2021 REMANDED The claim for service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depression is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1979 to January 1982 and from July 1983 to October 1987. In March 2020, the Veteran testified before the undersigned at a hearing conducted at the Boise, Idaho Regional Office (RO). A transcript of these proceedings is of record. During the March 2020 hearing before the undersigned, the Veteran testified that he had been in receipt of disability benefits from the Social Security Administration (SSA) for his psychiatric disorder since 2013. Given that the Board is on notice that the Veteran is in receipt of SSA disability benefits, it is obligated to seek the records. A remand is also required to provide the Veteran the April 2014 VA psychologist’s curriculum vitae/credentials. In April 2015, a VA psychologist provided an opinion concerning the likely etiology of any current psychiatric disability. In January 2020, the Veteran’s attorney indicated that the Veteran was challenging the competency of the psychologist and requested the psychologist’s curriculum vitae/credentials. In a recent decision, the Federal Circuit held that once a Veteran raises a challenge to the competency of the medical examiner, VA must satisfy its burden of persuasion as to the examiner’s qualifications. Also, because the Veteran is obligated to raise the issue in the first instance, he must have the ability to secure from VA the information necessary to raise the competency challenge. Once the request is made for information as to the competency of the examiner, a Veteran has the right, absent unusual circumstances, to the curriculum vitae and other information about qualifications of a medical examiner. The Federal Circuit indicated that this right is mandated by the VA’s duty to assist. See Francway v. Wilkie, 930 F.3d 1377, 1381 (Fed. Cir. 2019). Thus, given the Veteran has requested this information in this case, a further remand is necessary to provide the Veteran the April 2015 VA psychologist’s curriculum vitae/credentials. The matters are REMANDED for the following action: 1. Obtain Social Security Administration records. 2. Provide the Veteran and his attorney with the curriculum vitae/credentials of the VA psychologist who provided the April 2015 opinion. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Carole Kammel, 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.