Citation Nr: 21062511
Decision Date: 10/07/21	Archive Date: 10/07/21

DOCKET NO. 09-09 040
DATE: October 7, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1971 to May 1974.  

The Veteran contends that he has an acquired psychiatric disability that manifested during or is otherwise caused by service.  He states that during his period of active service, he was hospitalized for three months, beginning in March 1973.  The record reflects that VA has exhausted all avenues in attempting to locate the treatment records related to the Veteran's three-month hospitalization.  Specifically, in April 2002, the Regional Office (RO) made a request through the Personnel Information Exchange System (PIES) to the National Personnel Records Center (NPRC) and requested records from McDonald Army Hospital at Fort Eustis, Portsmouth Naval Hospital, and Valley Forge Army Hospital.  The RO submitted another request in December 2004; in March 2005, NPRC again responded that the search for the requested records yielded negative results.  

 

In November 2011, the RO requested the Veteran's medical records from Valley Forge Medical Center.  By way of a December 2011 letter, Valley Forge indicated that they had not records pertaining to the Veteran.  Most recently, in April 2019, the RO requested any and all records related to the Veteran directly from Naval Medical Center in Portsmouth and McDonald Army Center; all requests yielded negative results.  Given the attempts by VA to locate the records documenting the Veteran's in-service hospitalization, the Board finds that further attempts to locate the records would be futile.

However, while further delay is regrettable, the Board finds that remand is necessary to obtain an adequate examination and nexus opinion.  In the most recent Memorandum Decision from the Court of Appeals for Veterans Claims (herein, Court), the Court found that the medical opinion of record was inadequate.  Specifically, as it pertained to the July 2003 examination, the Court found that the examiner's conclusion that "there was not enough evidence to suggest that the Veteran's current symptoms of depression are related to his treatment in the military service at this time" was insufficient, as it did not appear the examiner adequately considered the Veteran's complaints of depression during service.  As such, remand is required to obtain an addendum opinion.  

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's depression is at least as likely as not related to his in-service complaints of depression.  In rendering the opinion, the examiner

 

should accept as true the Veteran's reports of feeling depression during service.  The need for further in-person examination is left to the discretion of the examiner.  

 

 

H. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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.