Citation Nr: 21012139 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 19-24 882 DATE: March 3, 2021 REMANDED Entitlement to service connection for an acquired psychiatric condition, claimed as major depression and anxiety, is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2000 to August 2004. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an November 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran attended a hearing in February 2021 before the undersigned Veterans Law Judge. The transcript from the hearing has not yet been associated with the file, as the case is being remanded under the Board’s “One Touch” program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. The appeal is remanded for the following development. First, the Veteran should be afforded a new VA examination with a medical opinion to determine the nature and etiology of his claimed psychiatric conditions, as well as all relevant diagnoses. Further, on remand, the RO should attempt to obtain all records and associate with the file all outstanding records from the San Antonio VA Medical Center (VAMC) prior to 2012 and since December 2019. The Veteran also stated Dr. Narvaez wrote him a letter referring him to someone; those records should also be requested and obtained and associated with the file. The matters are REMANDED for the following action: 1. Obtain all records from San Antonio VAMC prior to 2012 and from December 2019 to present and associate those records with the claims file. 2. Request that the Veteran identify and provide medical authorization (completed VA Form 21-4142) for any private medical treatment, to include any mental health records as per his report that Dr. Narvaez referred him to someone. After securing the necessary releases, attempt to obtain those identified treatment records. If any identified records cannot be obtained and further attempts would be futile, the Veteran should be notified so that he can make an attempt to obtain those records. 3. DO NOT PROCEED until the above has been completed to the extent possible. 4. Then, schedule the Veteran for a VA examination to determine the nature and etiology of his psychiatric condition, as well as determine all of his current diagnoses of a mental health condition. The claims file must be reviewed by the examiner in conjunction with the examination. After reviewing the claims file and examining the Veteran, the examiner should respond to the following: (a.) Does the Veteran have a diagnosis for PTSD? (b.) Is it at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric condition, to include PTSD, is related to any event, injury, or illness during service? In rendering the opinion, the examiner must address the Veteran’s contentions of harassment; the 2019 NOD statement that his mental health condition is due to his deployment to the Persian Gulf; buddy statement from B.J. in August 2019 who served with the Veteran and stated he personally witnessed the discrimination the Veteran faced; the August 2019 statement from the Veteran describing his service and mental health; the November 2019 letter from his sibling and mother; statement from the Veteran’s former girlfriend in December 2019; and the reported diagnosis of PTSD by a VA psychologist in 2020. Rationale must be provided for the opinions proffered. If the examiner determines that a requested opinion is not possible without resort to mere speculation, then the examiner must explain why. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G.Hoy, 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.