Citation Nr: 21073869
Decision Date: 12/13/21	Archive Date: 12/13/21

DOCKET NO. 09-43 034
DATE: December 13, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from December 1963 to July 1965. He was discharged under other than honorable conditions.  However, a September 1972 RO administrative decision found that the Veteran's service from December 1963 to July 1965 was considered not to have been terminated under dishonorable conditions and, thus he is not precluded from receiving VA benefits.

In a February 2019 decision, the Board denied the Veteran's claim for entitlement to service connection for an acquired psychiatric disorder.  The Veteran timely appealed the Board's February 2019 decision to the United States Court of Appeals for Veterans Claims (Court).  In a January 2021 Memorandum Decision, the Court reversed the Board's February 2019 decision and remanded the case to the Board.  In August 2021, the Board remanded this matter for compliance with the Court decision.  Although the Board regrets the additional delay, another remand is necessary in order to meet VA's duty to assist requirements.  

 

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

Initially, the Board observes that it appears that the Veteran receives Social Security Administration (SSA) disability benefits.  However, SSA records have not been associated with the file and it does not appear that VA has attempted to obtain the SSA records.  A remand is necessary to allow VA to request these records.

Moreover, it appears that the Veteran receives ongoing treatment for his disability at the VA.  However, the most recent treatment records are dated from October 2017, over four years ago.  As such, updated treatment records should also be obtained. 

The matters are REMANDED for the following action:

1. Obtain the Veteran's records from SSA. Document all requests for information as well as all responses in the claims file.

2. Obtain VA treatment records from October 2017 to the present.

 

3.  If and only if additional relevant records are associated with the claims file, send the claims file to the September 2021 VA examiner or another appropriate clinician to review these additional records and determine whether there is any change in their prior opinion.  

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J.N. Moats

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.