Citation Nr: 21077441 Decision Date: 12/29/21 Archive Date: 12/29/21 DOCKET NO. 18-23 978 DATE: December 29, 2021 REMANDED Entitlement to an increased initial disability rating for right knee strain is remanded. Entitlement to an increased initial disability rating for right knee limitation of flexion is remanded. Entitlement to an initial compensable disability rating for right hip strain based on limitation in flexion is remanded. Entitlement to an increased initial disability rating for right hip strain is remanded. Entitlement to an increased initial disability rating for right hip strain based on limitation of extension is remanded. Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran had active military service from February 1979 to February 1983. This matter comes to the Board of Veterans' Appeals (Board) on appeal from July 2016 and June 2017 rating decisions issued by the Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ). After the March 2021 Board remand, the AOJ awarded a separate rating for right knee limitation of flexion and right hip limitation of extension. As these grants originated from an increased rating claim, there are considered part of the original appeal and continue to be on appeal. In November 2021, the Veteran submitted correspondence and evidence indicating that he is experiencing financial hardship due to his disabilities and that he is behind on his bills and requested that his appeal be accelerated. Good cause having been shown, the Board is hereby granting his request, and his case has been assigned Advanced on Docket (AOD) status. 38 U.S.C. § 7107(a). 1. Entitlement to an increased initial disability rating for right knee strain is remanded. 2. Entitlement to an increased initial disability rating for right knee limitation of flexion is remanded. 3. Entitlement to an initial compensable disability rating for right hip strain based on limitation in flexion is remanded. 4. Entitlement to an increased initial disability rating for right hip strain is remanded. 5. Entitlement to an increased initial disability rating for right hip strain based on limitation of extension is remanded. In March 2021, the Veteran identified private treatment records relevant to the claim. In June 2021, he was asked to authorize the release of those records to VA by submitting a VA Form 21-4142 and VA Form 21-4142a. There is no evidence that he replied to that request for authorization to obtain the identified records. The Board notes he did previously submit a generic VA Form 21-4142. However, it appears that if attainable, these records could be of significant benefit to the Veteran in establishing the history of his claimed disability and its severity. As such, VA should provide assistance in obtaining these records by allowing the Veteran ONE additional opportunity to authorize the release of the private treatment records he has identified. 38 U.S.C. § 5103A(b); 38 C.F.R. § 3.159(c)(1). Accordingly, a remand is required in order to attempt to obtain these records. 6. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Board finds a remand is required to obtain a new VA examination. The July 2020 VA examiner opined that the Veteran does not have a diagnosable psychiatric condition. No other opinion was rendered. An in-person examination was not conducted, but it appears a telehealth interview was conducted. A review of the Veteran's medical records shows a June 2017 diagnosis of alcohol use disorder (See June 2017 VA examination), a November 2016 VA treatment record in which the Veteran reported feeling down, depressed, and hopeless, and a June 2009 VA treatment record mental health note in which the Veteran was given an Axis I diagnosis of depressive disorder NOS. Accordingly, the Board finds the July 2020 VA examination inadequate because it is based on inaccurate facts. Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (a medical opinion based on an inaccurate factual premise has no probative value). Based on the above, a remand is required for a new VA examination. The matters are REMANDED for the following action: 1. The AOJ should obtain, if possible, records of relevant private evaluations and treatment the Veteran has received (See March 2020 Correspondence). The Veteran MUST assist in the matter by identifying his private healthcare providers and by submitting releases for VA to obtain any private records identified. Allow the Veteran this ONE additional opportunity to authorize the release of the private treatment records. 2. After the above development is completed, the AOJ should arrange for a VA examination of the Veteran to determine the nature and likely cause of any acquired psychiatric disability. The examiner should review the claim file (including this remand) and note that this review was conducted. Based on a review of the record and examination of the Veteran, the examiner should provide an opinion with a detailed rationale that responds to the following: 3. Please identify, by diagnosis, all acquired psychiatric disabilities present during the appeal period. The examiner MUST address a June 2017 VA examination diagnosis of alcohol use disorder, a November 2016 VA treatment record in which the Veteran reported feeling down, depressed, and hopeless, and a June 2009 VA treatment record mental health note in which the Veteran was given an Axis I diagnosis of depressive disorder NOS. If the examiner concludes that these prior diagnoses or suggested diagnoses were incorrect or are no longer applicable, the examiner MUST provide a thorough explanation for why this is so. 4. For each acquired psychiatric disability diagnosed, is it at least as likely as not (50% or greater probability) that the disability was either incurred in or otherwise related to the Veteran's active-duty service? Please explain why. 5. For each acquired psychiatric disability diagnosed, is it at least as likely as not (50% or greater probability) that the disability was either caused or aggravated by the Veteran's service-connected disabilities? Please explain why. The opinion must address whether the disability increased in severity beyond its natural progression (i.e., was aggravated). If aggravation is found, please identify to the extent possible the baseline level of disability prior to the aggravation. The examiner is reminded that the Veteran is competent to provide information about observable symptoms and events. The examiner should assume, for the purposes of the opinions, that the Veteran's reports are both accurate and credible. A detailed explanation (rationale) is required for all opinions provided. (By law, the Board is not permitted to rely on any conclusion that is not supported by a thorough explanation. Providing an opinion or conclusion without a thorough explanation will delay processing of the claim and may also result in a clarification being requested.). VICTORIA MOSHIASHWILI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Williams, 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.