Citation Nr: 21003756 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 14-31 840 DATE: January 22, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1967 until his honorable discharge in October 1969. He served in the Republic of Vietnam and was awarded the Vietnam Service Medal and Republic of Vietnam Campaign Medal. This case was most recently before the Board in April 2018, when it was remanded to afford the Veteran a VA mental disorders examination to determine the nature and etiology of any diagnosed acquired psychiatric disorder. Unfortunately, there has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). The claim must be remanded again because the record does not show that the Veteran was notified of a VA examination ordered on remand. In accordance with the April 2018 remand directives, in October 2018, the RO requested the Veteran identify a time and date during which he could attend a VA mental disorders examination. The RO requested more than one date and time, just in case the VA medical center (VAMC) was unable to accommodate the Veteran’s first request. In response, the Veteran provided two dates and times: October 30, 2018, at 10:30 am or November 1, 2018 at 10:00 am. See October 2018 Statement in Support of Claim. In September 2019, the Veteran was notified that a VA examination would be scheduled at a medical facility near him and that he would be notified of the date, time, and place of the examination. A September 2019 Compensation and Pension Exam Inquiry shows an examination was requested. The examination was cancelled in October 2019 because the Veteran “failed to RSVP”. However, it is unclear as to whether the Veteran was provided notice of the examination. See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). The evidence of record does not contain any letter to the Veteran notifying him of the date and time of the examination; nor did the September 2019 notification letter indicate he was required to RSVP for the examination. Therefore, the Board finds the Veteran should be afforded another opportunity to appear for an examination in connection with his claim, and if he does not report, the file should be properly documented regarding notice of the appointment. The Board reminds the Veteran the duty to assist is not always a one-way street, and he has an obligation to actively participate, to include attending a scheduled examination. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). The Veteran is advised he is expected to cooperate in the efforts to adjudicate the claim, and his failure to do so may result in denial of his claim or the claim may be evaluated on the evidence of record. See 38 C.F.R. § 3.655. In addition, current treatment records should be identified and obtained before a decision is made with regard to the issue on appeal. The matters are REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) should obtain any outstanding VA treatment records and associate them with the claims file. 2. The AOJ should contact the Veteran and confirm his current address so the examination may be scheduled at the appropriate facility. 3. The AOJ should afford the Veteran an examination with an appropriate examiner to determine the nature and etiology of any acquired psychiatric disorder, to include PTSD. The Veteran’s claims file must be made available to, and reviewed by, the examiner. All indicated studies and testing must be conducted and must be reported in detail. Following review of the claims file, and interview/examination of the Veteran, the examiner is requested to respond to the following: (a.) Identify each diagnosed acquired psychiatric disability, whether diagnosed on examination or during the appellate period. (b.) Elicit from the Veteran the details of his stressor(s). See May 2011 Statement in Support of Claim; May 2011 VA Form 21-0781; and July 2011 VA examination. (c.) If a diagnosis of PTSD is warranted, the examiner should provide an opinion whether it is as least as likely as not (50 percent or greater probability) that PTSD is due to exposure to an actual confirmed or accepted stressor(s) arising out of the Veteran’s military service. If PTSD is not diagnosed, the examiner should explain why the Veteran does not meet the criteria for this diagnosis. (d.) With respect to any other acquired psychiatric disorder(s) found to be present, the examiner should provide an opinion as to whether it is as least as likely as not (50 percent probability or greater) that the disorder(s) had its onset in service or is caused by or related at least in part to his active service. In providing the requested opinion, the examiner must address the Veteran’s competent lay statements regarding onset, in-service incurrence, and continuity of symptomatology since service separation. The examiner should provide a complete rationale for all opinions offered. If the examiner is unable to provide any requested opinion without resorting to speculation, he/she should provide an explanation as to why this is so, and note what, if any additional evidence would permit such an opinion to be made. The AOJ must send the Veteran and his representative a letter with the date, time, and place of the Veteran’s scheduled examination, and include a copy of this letter in the claims file. The letter must detail the consequences of the Veteran’s failure to report for the examination. The Veteran’s failure to RSVP to an examination appointment is not sufficient to cancel the appointment. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Grace Johnk, 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.