Citation Nr: 21068047 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 14-11 085A DATE: November 8, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, including dissociative amnesia, depression, and anxiety disorder is remanded. Entitlement to service connection for visual problems is remanded. Entitlement to service connection for non-epileptic seizures is remanded. REASONS FOR REMAND The Veteran served on active duty in May 1971 to May 1973. This case comes before the Board of Veterans' Appeals (Board) on appeal of a March 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In September 2017, the Veteran testified at a video-conference hearing. A transcript of the hearing is of record. Following the hearing the Veteran submitted additional evidence and waived initial consideration of the evidence by the RO. 1. Entitlement to service connection for an acquired psychiatric disorder, including dissociative amnesia, depression, and anxiety disorder is remanded. 2. Entitlement to service connection for visual problems is remanded. 3. Entitlement to service connection for non-epileptic seizures is remanded. The Veteran's claims were previously remanded by the Board in January 2018, in part, to schedule him for a VA psychiatric disability examination to address his claim for service connection for an acquired psychiatric disorder, to include dissociative amnesia, depression and anxiety disorder. It appears that an examination was scheduled for December 2018; however, the Veteran failed to appear at this examination. It remains unclear if notice of this examination was sent to the Veteran's address. A January 2019 Report of General information indicates that a call was made, message left, and email sent to follow the Veteran's examination request submitted in November 2018. A March 2019 Report of General Information reflects that the Veteran was to be contacted regarding the missed appointment; however, no further correspondence regarding the missed appointment is of record. Subsequent correspondence in the claims file includes an updated address, after mail was returned undelivered to the Veteran. The Veteran's representative also noted that the Veteran was never notified of the scheduled examination. See September 2021 correspondence. Therefore, on remand, the AOJ must reschedule the Veteran for the previously requested VA psychiatric disability examination, provide him with adequate prior notice of the examination date and location (to be sent to his current mailing address of record), and allow him this one additional opportunity to appear for an examination. The Veteran is hereby notified that it is his responsibility to report for the scheduled examinations and to cooperate in the development of the claim. The consequence for failure to report for a VA examination without good cause for an original claim may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655. In the event that the Veteran does not report for the scheduled examination, documentation must be obtained to show that notice scheduling the examination was sent to his most recent mailing address of record. It must also be indicated whether any notice that was sent was returned as undeliverable. The matters are REMANDED for the following actions: 1. Schedule the Veteran for a VA psychiatric disability examination to address his claim for service connection for an acquired psychiatric disorder, to include dissociative amnesia, depression, and anxiety disorder. The claims file must be provided to the examiner for review in conjunction with the examination. After review of the file and examination of the Veteran, the examiner should offer an opinion as to the following: a) The examiner should identify all psychiatric disorders found to be present. b) Determine whether it is at least as likely as not (a probability of 50 percent or greater) that any current psychiatric disorder had onset during service, had its onset in the year immediately following discharge from service in May 1973, or is otherwise the result of a disease or injury in service. The examiner is advised that the Veteran is competent to report symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions. If the examiner rejects the Veteran's reports of symptomatology, he or she must provide a reason for doing so. The examiner shall attempt to reconcile the opinion with any other medical opinions of record. All opinions expressed must be accompanied by a complete rationale. 2. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655. In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. 3. After the actions above have been completed, conducting any additional development deemed necessary, to include for the claims for entitlement to service connection for visual problems and non-epileptic seizures. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Williams, 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.