Citation Nr: 21071296
Decision Date: 11/30/21	Archive Date: 11/30/21

DOCKET NO. 18-44 576
DATE: November 30, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and adjustment disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1966 to May 1969.

This matter comes before the Board of Veteran's Appeals (Board) from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In a September 2018 VA Form 9, the Veteran requested a hearing before a Veterans Law Judge (VLJ) via live videoconference.  A hearing was scheduled for October 2021, however, the Veteran failed to appear and, to date, has not shown good cause for his "no show," nor requested a new Board hearing.  Accordingly, the Board considers his hearing request to be withdrawn.  38 C.F.R. §§ 20.700, 20.704.

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and adjustment disorder, is remanded.

The Board notes that initially the Veteran filed a claim for service connection for PTSD.  Per Clemons v. Shinseki, a claim for benefits for one psychiatric disability also encompasses benefits based on other psychiatric diagnoses and should be considered by the Board to be within the scope of the filed claim.  As a result, the Board has recharacterized the issue as stated on the title page.

The Board observes that in a Disability Benefit Questionnaire, the Veteran's private treatment provider, Dr. J.L., indicated that the Veteran has been receiving private treatment for mental health concerns since the 1990's.  However, these records are not contained in the claims file.  There is also no indication that the RO attempted to obtain these files or assisted the Veteran in obtaining these files.  

As the aforementioned records may contain information pertinent to the Veteran's claim, the Board finds that remand is warranted to obtain these records.  Accordingly, the matter is remanded. 

The matter is REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for any relevant outstanding private treatment records.  Make two requests for the authorized records from any facility so identified, unless it is clear after the first request that a second request would be futile.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Gorum, 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.