Citation Nr: 21073408
Decision Date: 12/08/21	Archive Date: 12/08/21

DOCKET NO. 14-38 810
DATE: December 8, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active service from December 1967 to December 1969.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The appeal was before the Board in December 2018, December 2020, and most recently in July 2021.  The Board is cognizant that the claim has been pending since December 2011 and sincerely regrets further delay; however, the appeal must be remanded again.  In this regard, the two most recent VA opinions of record, obtained in March 2021 and in August 2021, subsequent to the Board's most recent remand, are based in large part on the fact that the Veteran did not seek psychiatric treatment until 2010, which is more than 40 years following his separation from active service.

However, the Board observes that at a March 2014 VA psychiatric treatment appointment, the Veteran told his VA provider that he began private psychiatric treatment in 1983.  Psychiatric records from this period are especially relevant given the Veteran's contentions that he has experienced psychiatric symptoms since separation from service.  Although a general request for outstanding treatment records was sent to the Veteran in May 2014, there has never been any specific request for these records, and given the nature of the alleged psychiatric treatment history, VA should make all necessary actions to obtain authorization and request these records.  

The matter is REMANDED for the following action:

1. Ask the Veteran to submit private treatment records from the facility at which he has received psychiatric care beginning in 1983 (as told to a VA provider in March 2014), or alternatively, to complete a VA Form 21-4142 records release form for such records.  Take all appropriate action to obtain identified treatment records.  Should relevant records be identified, but VA not be able to obtain them, the Veteran and his representative should be notified in writing and given adequate opportunity to provide such records.

2. Thereafter, should the relevant records be associated with the claims file, any additional development deemed necessary, to include any addendum medical opinions, should be conducted.

 

 

M. Pryce

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Polly Johnson, 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.