Citation Nr: 21069714 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 18-47 058 DATE: November 19, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability is remanded. Entitlement to service connection for a gastrointestinal disability is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1983 to November 1983 and from December 1990 to June 1991. This matter came before the Board of Veterans Appeals (Board) on appeal from a December 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veteran's Law Judge during a November 2021 hearing. The appeal included three issues pertaining to service connection for psychiatric disabilities (PTSD, anxiety disorder and depression), and the record also contains evidence of unspecified mood disorder and insomnia. The Board has therefore recharacterized the three psychiatric issues as a single issue of service connection for an acquired psychiatric disability, however diagnosed. In addition, regarding the issue of service connection for GERD, evidence in the record suggests that the Veteran has been diagnosed with multiple gastrointestinal conditions; therefore, the Board will broadly construe the issue of service connection for GERD as a claim for service connection for a gastrointestinal disability, however diagnosed. Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009). Finally, the Board notes that the Veteran also has a pending appeal in the modernized appeal system regarding an increased rating for his headache disability and has requested a hearing before the Board. As the current appeal is in the Legacy appeal system, the issue of an increased rating will be adjudicated in a separate decision after the Veteran has been afforded the opportunity for a hearing. 1. Entitlement to service connection for a gastrointestinal disability Evidence indicates that there may be outstanding relevant VA treatment records. The most recent VA treatment records in the file date from June 2020. During the November 2021 hearing, the Veteran reported that he receives ongoing VA treatment and has been diagnosed with irritable bowel syndrome. Any VA treatment records are within VA's constructive possession, and are considered potentially relevant to the issues on appeal. A remand is required to allow VA to obtain them. 2. Entitlement to service connection for an acquired psychiatric disability November 2015 and November 2017 VA examinations did not diagnose a current psychiatric disability. However, VA treatment records added to the record since that date show a November 2019 mental health evaluation and a provisional diagnosis of r/o unspecified insomnia disorder and r/o unspecified mood disorder. At the November 2021 hearing, the Veteran also reported ongoing symptoms of both sleep disturbance, anxiety, and depression. Remand for a new VA examination is therefore required to consider the additional evidence of a current acquired psychiatric disability. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from June 2020 to the Present. 2. Schedule the Veteran for an appropriate VA examination, to determine the nature and etiology of any current acquired psychiatric disability. 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. 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. 3. 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.