Citation Nr: 21003133 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 15-05 960 DATE: January 19, 2021 REMANDED Service connection for a psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1966 to February 1969. This matter comes before the Board of Veterans’ Appeals (Board) from a December 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Board remanded the appeal in September 2019 for further development. This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.800 (c). Service connection for a psychiatric disorder is remanded. In September 2019, the Board remanded this issue to obtain a VA medical examination. Pursuant to the remand, the Veteran was scheduled for an examination in January 2020. The record indicates that he failed to attend. Generally, the Board notes that when a claimant fails to report for an examination scheduled in conjunction with an original compensation claim, the claim shall be rated based on the evidence of record. 38 C.F.R. § 3.655 (b). Here, however, there are no notice letters associated with the claims file informing him of the location, date, and time of the examination. Moreover, the Veteran reported that he did not receive notice of the examination and requested the examination be rescheduled. The Board finds that the Veteran has presented good cause for his failure to report, and remand is required to afford the Veteran another opportunity to appear for the appropriate examination to assist in his claim. The notice letter regarding the examination should be included in the claims file. The Veteran is advised that failure to report for any scheduled VA examinations without good cause shown may have adverse effects on the issues on appeal. See 38 C.F.R. § 3.655. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of his mental health condition. The examiner must review the file. (a.) Provide a diagnosis for all mental health disorders in accordance with the DSM-5. (b.) If the Veteran is diagnosed with PTSD, explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. The Veteran has previously reported the following stressors: (1) a platoon sergeant was killed by a land mine and the Veteran and others found his leg; (2) a soldier was killed by a land mine just outside of the base gate; (3) receiving fire from enemy combatants during a patrol; and (4) generally seeing American and Vietnamese soldiers be killed and wounded. (c.) For each diagnosed mental disorder other than PTSD, indicate whether it is at least as likely as not incurred in, or otherwise related to, the Veteran’s active service. The Veteran’s medical records show a diagnosis of anxiety disorder, not otherwise specified, by history with sub-threshold symptoms related to suspected PTSD. There are also indications that the Veteran has depression and subclinical PTSD. See VA treatment record (10/25/2011); March 2015 letter from M.D. at Birmingham Vet Center. A fully explained rationale must be provided for all opinions expressed. 2. Inform the Veteran of his responsibility to report for his scheduled examination and to cooperate in the development of his claim, and that failure to report for the VA examination, without good cause, may have adverse consequences on his claim. If he does not attend the scheduled examination, document in the claims file all attempts to schedule him for the examinations, to include a copy of the notice letter sent to his last known address and whether any notice was returned as undeliverable. D. JOHNSON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.Aoughsten, 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.