Citation Nr: 21005297 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 14-41 598 DATE: February 1, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) due to military sexual trauma (MST) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1987 to July 1997. In July 2015 the Veteran testified at a videoconference hearing before the Board. In September 2020, the Veteran was notified that the Veterans Law Judge (VLJ) who conducted that hearing was no longer employed at the Board, and he was offered the opportunity to have a hearing before another VLJ. In October 2020 he responded that he did not wish to appear for another hearing. The Board will proceed with the claim. The appeal was most recently before the Board in May 2018 when it was remanded for further development. There has not been substantial compliance with the remand directives and the claims must be remanded again.  Stegall v. West, 11 Vet. App. 268 (1998).     Entitlement to service connection for an acquired psychiatric disorder, to include PTSD due to MST, is remanded. The May 2018 remand included a directive that the Agency of Original Jurisdiction (AOJ) make a determination as to whether the claimed stressor (military sexual trauma) occurred. The claim must be remanded again to attempt to verify the stressor; however, the question of whether the alleged stressor occurred should be referred to an appropriate medical or mental health professional for an opinion as to whether the evidence indicates that a personal assault occurred. See 38 C.F.R. § 3.304 (f)(5). In a February 2019 response for records, the Defense Personnel Records Information Retrieval System (DPRIS) reported “No Records Available.” There is a February 2011 formal finding that the Veteran’s service personnel records were unavailable, but his service treatment records are in the record. Accordingly, additional development is necessary to corroborate the Veteran’s reported military sexual trauma. The Veteran failed to appear for his most recent scheduled examination. However, the claim being remanded for additional development is necessary. On remand the Veteran should be afforded another opportunity to appear for a VA examination to determine the etiology of all diagnosed acquired psychiatric disorder. The Board reminds the Veteran that the duty to assist is not always a one-way street, and that he has an obligation to actively participate, to include attending scheduled VA examinations. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). His failure to do so would subject him to the risk of an adverse adjudication based on an incomplete and underdeveloped record. Id.; see also 38 C.F.R. § 3.655. On remand, updated treatment records should be obtained. See 38 C.F.R. § 3.159. See also Bell v. Derwinski, 2 Vet. App. 611 (1992).     The matters are REMANDED for the following action: 1. Obtain the names and addresses of all medical care providers who treated the Veteran for any psychiatric complaints since service not already associated with the record.  After securing the necessary release, take all appropriate action to obtain these records, including any VA treatment records February 2013.   2. After completion of the above, schedule the Veteran for an examination (in person or via tele-health) with an appropriate clinician to determine the likely etiology of any and all acquired psychiatric disorders. Copies of all pertinent records must be made available to the examiner for review. After reviewing the record, the examiner is asked to answer the following question: (a) Identify all diagnosed psychiatric disorders. (b) If PTSD is diagnosed, is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran experienced a military sexual trauma stressor in-service? If so, is the PTSD related to the reported in-service trauma? The examiner must specifically address the following: (i) Veteran was seen on August 28, 1990 with report of having been assaulted by two people while stationed on USS Peleliu; (ii)Veteran appears to have had an extensive number of HIV testing performed during military service. Initial test was for enlistment in December 1986 followed by tests in service in January 1988; April 1988; October 1989; February 1990; January 1991; May 1992; March 1994; April 1996; October 1996 and June 1997. Are those events possible markers for sexual trauma? Why or why not? (c) For any other acquired psychiatric disorders diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to the Veteran’s service, to include any conceded stressor. A complete rationale must be provided for all opinions offered. The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate. If an opinion cannot be provided, the examiner should indicate why. 3. Notify the Veteran that it is his responsibility to report for the scheduled examination and to cooperate in the development of the claim, and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655. In the event that the Veteran does not report for a scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to the last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Eric Struening 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.