Citation Nr: 21075564 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 16-59 939 DATE: December 20, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, claimed as anxiety and depression, is remanded. REASONS FOR REMAND The Veteran has qualifying service in the United States Navy from September 1997 to March 2001. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2015 rating decision by the Department of Veterans Affairs (VA); this case is in VA's legacy appeals system. In August 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge; a transcript of that hearing is of record. Entitlement to service connection for an acquired psychiatric disorder With the exception of his enlistment examination and some dental records, the Veteran's service treatment records (STR) have not been located. A June 2016 memo stated that the VA Records Management Center had been unable to locate the Veteran's STRs. In June 2018 and October 2018, VA sent letter to the Board for Correction of Naval Records (BCNR) seeking the Veteran's STRs. There is no documented response from the BCNR. A remand is required to allow VA to again seek these federal records until they are located or it becomes clear that further attempts are futile. In June 2015, VA provided an examination to determine the nature and etiology of any acquired psychiatric disorder. The examiner diagnosed major depressive disorder and panic disorder without agoraphobia but did not opine as to whether or not these diagnoses were related to the Veteran's military service. A remand is required to obtain an opinion on this issue. The matters are REMANDED for the following action: 1. Obtain the Veteran's complete service treatment records. In addition to any other development necessary to accomplish this, seek records from the Board for Correction of Naval Records. Document the file and send notice to the Veteran in accordance with 38 C.F.R. § 3.159(c). 2. After completing the above development, schedule the Veteran for a VA examination for his acquired psychiatric disability. The examiner must review the claims file. If a diagnosis cannot be provided but the Veteran's condition manifests in symptoms that cause functional impairment, then the examiner should consider them a "disability" for the purpose of providing the requested opinion(s) below. The examiner is asked to provide a response to the following: Does the Veteran have any acquired psychiatric disability that is at least as likely as not related to service, including his reported in-service symptoms? Is it at least as likely as not that the Veteran's acquired psychiatric disability (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service? Provide a rationale to support the opinions. In providing the requested opinions, consider the Veteran's description of his in-service symptoms as well as his post-service symptoms. If there is any medical reason to accept or reject the proposition that the Veteran's reported symptoms in service and thereafter represented the onset of his current disability, this should be noted. Stated another way, do the Veteran's reports about his symptoms align with how the currently diagnosed disability is known to develop or are the Veteran's reports generally inconsistent with medical knowledge or implausible? 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal. If any benefit sought is not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Zimmerman, Micah 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.