Citation Nr: 21011259
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 15-10 989
DATE: March 1, 2021

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the Navy from December 1975 to June 1978.  The Veteran died in July 2020 and the Appellant is his surviving spouse.  The Appellant was substituted in November 2020.

In September 2018, the Veteran testified at a videoconference hearing before the undersigned, and a transcript of that hearing is of record.

In August 2019, the Board determined that new and material evidence had been received to reopen the claim for service connection for PTSD and remanded the issue for further development.

1. Entitlement to service connection for PTSD is remanded.

The August 2019 Board remand directives included scheduling the Veteran for a VA examination to clarify the nature and etiology of the claimed PTSD.  Subsequently, the Veteran was scheduled for a VA PTSD examination in January 2020.  He did not report to the examination on the scheduled appointment date, and a June 2020 Supplemental Statement of the Case (SSOC) indicates that there was no information that good cause was shown for his absence.  

As noted above, the Veteran died in July 2020 and cannot be rescheduled for another examination.  However, there is no indication in the record as to whether an examiner could render an opinion without an examination. Accordingly, another remand is required to obtain a medical opinion.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

Obtain a VA medical opinion on the etiology of the claimed PTSD.

The examiner should indicate whether the Veteran had a diagnosis of PTSD under the DSM-V, and/or has had a diagnosis at any point during the period of appeal (from June 2011).  

In making such a determination, the examiner should specifically consider and discuss the February 2011 letter from D.J., LCSW, indicating that the Veteran met the diagnostic criteria for PTSD, which originated from an in-service accident in 1976.  

If PTSD is diagnosed, the examiner should provide a medical opinion on whether it is as likely as not (50 percent or greater probability) that the diagnosis is related to the Veteran’s active service.  

The entire claims file, including a copy of this REMAND, must be reviewed.  A thorough rationale should be provided for all opinions expressed.  If any requested medical opinion cannot be given, the examiner should state the reason(s) why.

 

 

H. SEESEL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	N. Nelson

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.