Citation Nr: 21022209 Decision Date: 04/15/21 Archive Date: 04/15/21 DOCKET NO. 16-21 588 DATE: April 15, 2021 REMANDED The issue of entitlement to service connection for acquired psychiatric disorder, claimed as anxiety with depression is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1981 to September 1984. The Veteran and his nephew testified before the undersigned Veterans Law Judge during a March 2019 Travel Board hearing; a transcript is of record. The Board previously remanded the issue for further development in March 2020. The case has now been returned to the Board for appellate review. Service connection for anxiety with depression Following the March 2020 remand, the Agency of Original Jurisdiction (AOJ) scheduled a VA examination for a date in April 2020, for which the Veteran did not show. However, shortly after, in the same month, the Veteran requested a mental health consult, which was conducted over telephone in May 2020. During the consult, the Veteran reported history of in-service nightmare concerning he and his shipmates were dying and some incident of explosions. He was diagnosed with major depressive disorder and insomnia. Then, in July 2020, the Veteran submitted a statement in support of his claim for posttraumatic stress disorder (PTSD), in which he described how nightmares began while in service. Finally, a July 2020 VA initial psychiatry consult note indicates that he was diagnosed with unspecified traumatic disorder, rule out PTSD, and unspecified depression, rule out major depressive disorder, recurrent, moderate vs. persistent depressive. The clinician noted it was “[d]ifficult to determine specific traumatic event but veteran reports multiple symptoms of PTSD, particularly nighttime hyperarousal.” In addition to the above diagnoses, the clinician reported financial strain and social isolation as significant psychosocial and contextual factors. Thus, the evidence of record suggests that he might have a diagnosis of PTSD, but stressor events and its etiology are not clear. Since the first attempt of scheduling a VA examination occurred in the beginning of the COVID-19 quarantine period, the Veteran must be afforded another VA examination in order to ascertain any psychiatric diagnosis and its etiology. The matters are REMANDED for the following action: 1. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a reported in-service stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include a reported in-service stressor. 2. The Veteran is hereby notified that it is his responsibility to report for the examinations, scheduled in person or online, and to cooperate in the development of the claim. The consequences for failure to report for a VA examination without good cause may include denial of the claim. In the event that the Veteran does not report for an aforementioned examination, documentation should be obtained which shows that notice scheduling the examinations was sent to the last known address. It should also be indicated whether any notice that was sent was returned as undeliverable. MICHAEL D. LYON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Y. Taylor 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.