Citation Nr: 21009716 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 15-13 441 DATE: February 23, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder (to include posttraumatic stress disorder), to include as secondary to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1989 to November 1990. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In December 2018, the Veteran appeared at a Travel Board hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing has been associated with the record. In July 2019, the Board remanded this matter for further evidentiary development. Entitlement to service connection for an acquired psychiatric disorder is remanded. In August 2019, pursuant to the July 2019 Board remand, the Agency of Original Jurisdiction (AOJ) attempted to schedule a VA examination by a non-VA provider. The Veteran informed the AOJ that he missed the examination because he was out of town. In September 2019, the AOJ sent the Veteran a letter informing him that the VA had requested an examination through a private medical facility and that the private facility would advise the Veteran of the date, time, and place of the examination. The Veteran’s examination was scheduled for November 2019, but the Veteran failed to attend. However, the claims file does not contain evidence that the Veteran was mailed a notice of the November 2019, examination by either the VA or the private treatment facility. Additionally, the Veteran’s representative contends that the Veteran was not provided with notice of the November 2019 VA examination. Based on the absence of this evidence and the Veteran’s representative’s assertions, the Board concludes that the Veteran has presented good cause for his failure to attend the examination. See 38 C.F.R. § 3.655. The matters are REMANDED for the following actions: 1. Obtain and associate with the claims file VA treatment records from December 2020 to the present. 2. After completing the development above, schedule the Veteran for an appropriate VA examination by a contract provider at a location outside of the VA to determine the nature, extent, and etiology of any acquired psychiatric disorder. The entire claims file should be made available to the examiner in conjunction with this request. All tests deemed necessary, including psychological testing, should be performed and all findings should be reported in detail. The examiner is asked to provide opinions on the following: (a.) Does the Veteran have a diagnosis of PTSD under pertinent DSM criteria? (b.) If the answer to (a) is yes, then is it at least as likely as not (50 percent probability or greater) that PTSD is related to any incident of military service, to include the death of his mother, or the alleged in-service personal assaults, verbal abuse, or military sexual trauma (as outlined in the Veteran’s October 2010 statement), to include whether any evidence of behavioral changes during service are sufficient to indicate that the alleged sexual trauma occurred? (c.) For any psychiatric diagnosis(es) other than PTSD, is it at least as likely as not (a 50 percent probability or greater) that such psychiatric disorder(s) began in service or is otherwise related to a disease, event or injury in service, including the death of his mother and treatment therein for reactive depression and uncomplicated bereavement, or the alleged in-service personal assaults, verbal abuse, or military sexual trauma (as outlined in the Veteran’s October 2010 statement)? (d.) For any psychiatric diagnosis(es) other than PTSD, is it at least as likely as not (a 50 percent probability or greater) that such psychiatric disorder(s) was caused by any of the Veteran’s service-connected disabilities? (e.) For any psychiatric diagnosis(es) other than PTSD, is it at least as likely as not (a 50 percent probability or greater) that such psychiatric disorder(s) was aggravated beyond the natural progress of the disability by any of the Veteran’s service-connected disabilities? (Aggravation is any increase in severity beyond the natural progression of the disability.) A complete rationale for any opinion provided is requested. If the examiner is unable to provide an opinion without resorting to speculation, an explanation as to why this is so and what, if any, additional evidence would be necessary before an opinion could be rendered should be provided. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Patel, 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.