Citation Nr: 21004790 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 19-02 656 DATE: January 28, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include major depressive disorder and anxiety is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1979 to June 1981. This matter came before the Board of Veterans Appeals (Board) on appeal from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veteran’s Law Judge during a January 2021 hearing. Evidence in the record suggests that the Veteran has been diagnosed with multiple psychiatric conditions; therefore, the Board will broadly construe the issue of service connection for depressive disorder as a claim for service connection for an acquired psychiatric disability, to include major depressive disorder and anxiety. Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009) (holding that the Board must consider any disability that “may reasonably be encompassed by” the description of the claim and symptoms and other submitted information). Entitlement to service connection for an acquired psychiatric disability, to include major depressive disorder and anxiety is remanded. Evidence indicates that there may be outstanding relevant VA treatment records. The most recent VA treatment records in the file date from August 2018. At the January 2021 Board hearing, the Veteran reported that he has continued to receive VA treatment for the disability on appeal since that time. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain them. The Veteran also reported at the January 2021 hearing that he received Vocational Rehabilitation services through the VA. Those records should also be obtained upon remand. The record also indicates that there may be outstanding and relevant Social Security Administration records. At the January 2021 hearing, the Veteran also reported that he receives Social Security disability benefits. The Board’s review indicates that Social Security Administration (SSA) records have not yet been added to the claim file. A remand is required to allow VA to request these records. The Veteran has not yet been afforded a VA examination in connection with this issue. The Veteran contends that his psychiatric disability was caused by being administratively discharged after less than 2 years of service, and that his depression began at that time and has persisted since that time. August 2018 VA treatment records show a diagnosis of major depression. Military personnel records show that the Veteran was administratively discharged in June 1981. The Veteran also submitted an October 2017 private examination which stated that the Veteran reported depression and anxiety “since his abrupt discharge from the military.” The examiner did not provide an opinion regarding etiology or onset. As the record indicates that the Veteran has a current diagnosis of depression, which he attributes to his documented early discharge from service, and the private examination noted reports of depression since that time, the Board finds that remand for a VA examination and etiological opinion is required. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from August 2018 to the Present. 2. Obtain any outstanding VA Vocational Rehabilitation records. 3. Obtain the Veteran’s federal records from the Social Security Administration. Document all requests for information as well as all responses in the claims file. 4. After the development above has been completed, schedule the Veteran for an appropriate VA examination, to determine the etiology of any current acquired psychiatric disability, to include major depressive disorder and anxiety. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current acquired psychiatric disability found to be diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability is related to the Veteran’s active service, to include whether it is due to the circumstances of his discharge from service. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran’s statements regarding the onset and persistence of his symptoms.   5. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Arnold 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.