Citation Nr: 21020997
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 17-09 885
DATE: April 9, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1972 to October 1974.  

In a decision issued in December 2019, the Board denied entitlement to service connection for an acquired psychiatric disorder.  The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court).  In September 2020, the Court issued an Order that vacated the Board’s December 2019 decision and remanded the matter on appeal for adjudication consistent with the instructions outlined in a September 2020 Joint Motion for Remand (JMR) by the parties.

Entitlement to service connection for an acquired psychiatric disorder is remanded.

In the September 2020 JMR, the parties agreed that the Board failed to satisfy the requirements of 38 C.F.R. § 3.159(e)(2).  Specifically, the parties noted that the record contains a May 2019 letter suggesting that the Veteran was receiving private psychiatric treatment.  However, there was no evidence to indicate that VA had followed the procedures outlined under 38 C.F.R. § 3.159(e)(2) for requesting the private treatment records.  

Consistent with the JMR, the Board finds that remand is warranted for additional development to attempt to obtain the Veteran’s private treatment records. 

The matter is REMANDED for the following action:

1.  Make reasonable efforts to obtain any outstanding private treatment records, to specifically include private treatment records from Salem Psychological Associates and from Dr. M. at Brookside.  Obtain appropriate releases for any outstanding private treatment records.  If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159(e).

2.  Conduct any other development as may be deemed necessary. 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Metzner, Paul

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.