Citation Nr: 21015292 Decision Date: 03/17/21 Archive Date: 03/17/21 DOCKET NO. 16-15 892A DATE: March 17, 2021 REMANDED Entitlement to service connection for an acquired psychiatric condition is remanded. REASONS FOR REMAND The Board finds that prior to further appellate review of the claim for service connection for an acquired psychiatric disorder additional substantive development is required. Specifically, the AOJ should obtain outstanding service personnel and treatment records from the appellant’s period of service. A remand is also required to schedule the appellant for a VA examination to determine the etiology of any current acquired psychiatric disorder. Under the duty to assist, VA must help the claimant obtain service treatment records and other pertinent records that have been sufficiently identified, and perform an examination or obtain a medical opinion when necessary to make a decision on the claim as defined by law. See 38 U.S.C. § 5103A; 38 C.F.R. §§ 3.159 (c)(4), 3.326(a); McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006). VA must make as many requests as are necessary to obtain relevant records from a Federal department or agency, including service department records. 38 C.F.R. § 3.159 (c)(2). V A will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those would be futile. Id. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or that the custodian does not have them. Id. At the outset, the Board notes that the Veteran’s file does not contain any of the Veteran’s service treatment records nor a form DD214 outlining the Veteran’s service and discharge status. Although the record does document attempts by the RO to obtain the records, the claims file does not contain a memorandum or formal finding of unavailability regarding the same or notification to the Veteran of such unavailability. The matter is REMANDED for the following action: 1. Undertake appropriate action to obtain a complete copy of the appellant’s service treatment records and service personnel records pertaining to his period(s) of service. If the records are deemed to be unavailable, the claims file should be annotated as such and the Veteran should be notified. 2. The AOJ must contact the Veteran and request that he identify any private treatment providers and complete new release forms (VA Form 21-4142) authorizing VA to request copies of any private treatment record. After securing the necessary releases, attempt to obtain and associate those identified treatment records with the claims file. If possible, the Veteran himself should submit any pertinent new evidence regarding the conditions at issue in order to expedite the claim, including any service records he may have, as indicating above. 3. After completing the above, schedule the Veteran for a VA examination with the appropriate medical professional to determine whether the Veteran has a diagnosed acquired psychiatric disorder, its nature and etiology. The examiner is asked to respond to the following: (a.) Does the Veteran have a currently diagnosed acquired psychiatric disorder? (b.) Is it at least as likely as not (50 percent or greater probability) that the Veteran’s acquired psychiatric condition, if any, is related to any event, injury, or illness during service? 4. 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. 5. After ensuring compliance with the above, readjudicate the claim on appeal. Then, return the case to the Board for further appellate review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board V. Woehlke 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.