Citation Nr: 21004914 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 15-11 876 DATE: January 28, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from April 2002 to April 2006. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Service connection for an acquired psychiatric disability, to include PTSD. This appeal has been before the Board previously. A January 2019 Board remand requested a VA examination regarding his acquired psychiatric disability. The Veteran did not attend his examination, but the claims file is unclear as to whether he was properly notified of the date and time of the examination. In this regard, a request for the examination was noted on September 20, 2019. See Exam Request received in September 2019. However, the record is unclear that the Veteran was notified of the date and time of his examination. A report from October 7, 2019, state that the Veteran did not appear for his examination. See Exam Request received in October 2019. However, there is no record (written or otherwise) that the Veteran was informed of the date and time of his examination at his latest address of record. In short, it is unclear as to whether the Veteran was properly informed of the examination ordered in January 2019. Consequently, this issue must be remanded again to schedule an examination and properly document in the claims file that the Veteran was provided adequate notice at his latest address of record. If the Veteran declines the examination, proper documentation must be shown in the claims file. In remanding this claim, the Veteran is notified that the duty to assist is not a one-way street; a claimant is obligated to cooperate in the development of a pending claim. Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). In short, any further failure to appear for an examination, as scheduled, may result in the denial of the issues on appeal. This matter is REMANDED for the following action: 1. Obtain any outstanding VA treatment records. Document all requests for information as well as responses in the claims file. If any identified records cannot be obtained, notify the Veteran of the missing records, the efforts taken, and any further efforts that will be made by VA to obtain such evidence, and allow him an opportunity to provide the missing records. 2. After completion of step # 1, schedule the Veteran with an appropriate clinician for his acquired psychiatric disability. The claims folder and a copy of this remand request should also be provided to and reviewed by the examiner. The examiner is to identify any acquired psychiatric disorder, to include PTSD, depression, or any other psychiatric disorder since the period on appeal (shortly before and/or since August 24, 2010). The examiner must make clear whether the Veteran has or has not had any acquired psychiatric disorder during the period on appeal. Additionally, if the examiner disagrees with any diagnosis or lack thereof during the period on appeal, the examiner must explain why. The Board calls the examiner’s attention to the following: The Veteran reported an in-service occurrence, to include a MST, in the following records: VA Form 21-0781 received in September 2010 and February 2015; VA Form 21-4138 received in September 2010, March 2011, July 2012, and February 2015; and the Form 9 received in April 2015. After a review of the claims file, the examiner must address: (a.) Compile a list of all psychiatric disorders. (b.) For EACH disorder identified on the current examination, state whether it is at least as likely as not (probability of 50 percent or more), that any of the Veteran’s current psychiatric disabilities (present at any time since August 24, 2010), in whole or part, had their onset in service or is related to an incident of service, to include the Veteran’s alleged in-service stressor. A comprehensive rationale for all opinions is to be provided and must not be based on the lack of an in-service record of the claimed disability. All pertinent evidence, including both lay and medical evidence, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are   required), or the examiner (does not have the knowledge or training). L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Fuentes, 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.