Citation Nr: 21005424 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 16-15 722 DATE: February 1, 2021 REMANDED Entitlement to service connection for the cause of the Veteran's death is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1981 to May 1988, from June 1995 to November 1995 and from February 2003 to April 2004. The Veteran died in July 2004 and the appellant is seeking VA benefits as his surviving spouse. The appellant initially testified at a Board hearing in June 2019 before the undersigned Veterans Law Judge (VLJ). Unfortunately, the transcript from that hearing was unavailable. As such, the appellant testified again at a Board hearing in December 2020 before the undersigned VLJ. A transcript of that hearing has been associated with the record. Entitlement to service connection for the cause of the Veteran's death is remanded. The appellant seeks service connection for the cause of the Veteran’s death, identified on the death certificate as suicide by hanging. The appellant asserts that the Veteran’s combat service caused his psychiatric disabilities, which led to his suicide. Service personnel records show that the Veteran was awarded a Bronze Star Medal for his service during 39 days of continuous combat during his last period of active service. The appellant has reported that upon the Veteran’s return from Iraq, he exhibited numerous psychiatric symptoms as well as changed behavior, including threats towards her. In support of her claim, she submitted a private pharmacy prescription record showing the Veteran had been prescribed various psychiatric medications by private physicians, Dr. W.L. and W.F. In light of the above, the Board finds that a VA medical opinion is necessary to determine whether the Veteran’s suicide was due to a psychiatric disability that had its onset in service or is related to service. Further, it appears that the Veteran’s service treatment records are not associated with the record. The claims file indicates that the records were located at the VA Records Management Center (RMC), but they were not found. However, the Board finds that further attempts should be made to obtain the Veteran’s service treatment records, including, but not limited to, contacting the National Personnel records Center (NPRC), the Veteran’s Reserve Unit and the RMC again. Additionally, there is some indication that the Veteran may have sought treatment at the VA. There is a prescription list in the record from the Boston, Massachusetts VA Medical Center, but there are no associated clinical records. As VA treatment records are constructively of record, these records must be obtained. Moreover, the appellant reported that the Veteran received private treatment for his psychiatric disorders. As noted above, private physicians prescribed psychiatric medications for the Veteran. While the record contains a negative response from Dr. W.L., it does not appear that any attempts were made to obtain records from Dr. W. F. In light of the need to remand, appropriate steps should be taken to obtain any outstanding private treatment records. The matters are REMANDED for the following action: 1. Take appropriate steps to request the Veteran’s complete service treatment records from all appropriate records repositories, including, but not limited to, the NPRC, the Veteran’s Reserve Unit and the RMC. All requests and responses should be clearly documented in the claims file. 2. Ask the appellant to complete a VA Form 21-4142 for any outstanding private treatment records, including any records from Dr. W.F. Make two requests for the authorized records from an identified physicians/facility, unless it is clear after the first request that a second request would be futile. 3. Obtain all outstanding VA treatment records. If no such records are available, it should be clearly noted in the claims file. 4. Obtain a medical opinion from an appropriate clinician to determine the nature and etiology of the Veteran’s cause of death, which was ruled a suicide by hanging. The entire claims file, including a copy of the Remand, should be made available to, and be reviewed by, the VA examiner. Based upon a review of the relevant evidence of record, history provided by the appellant, and sound medical principles, the VA examiner should provide the following opinion: (a.) Whether it is at least as likely as not that the Veteran’s cause of death, which was ruled a suicide, was due to any psychiatric disorder, to include posttraumatic stress disorder (PTSD). (b.) If so, whether it is at least as likely as not that any of the Veteran’s psychiatric disorders were incurred in service or caused by an in-service injury, event, or illness, to include his combat service in Iraq. A rationale should be given for all opinions and conclusions rendered. In proffering the opinions, the examiner must specifically address the appellant’s lay statements and hearing testimony concerning the Veteran’s behavior following his last period of active service; pharmacy records showing that the Veteran had been prescribed psychiatric medications; and any available service records. 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.