Citation Nr: 21025141 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 14-34 740 DATE: April 27, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depressive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from February 1980 to June 1984. He also had a period of active duty for training from August 1976 to December 1976. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Board reopened the Veteran’s previously denied claim for service connection for PTSD, expanded the issue to include an acquired psychiatric disorder, and denied the claim on the merits. The Veteran appealed the Board’s June 2018 decision regarding the denial of service connection for an acquired psychiatric disorder to the Court of Appeals for Veterans Claims (Court). In an August 2019 Order, the Court granted a July 2019 Joint Motion for Partial Remand (Joint Motion). The parties to the July 2019 Joint Motion agreed the Board failed to satisfy the duty to assist by denying the service connection claim for a psychiatric disorder without providing a VA examination, emphasizing that lack of notice is good cause for not attending an examination. The Veteran’s last address of record is a Penitentiary in Leavenworth, Kansas. When this case returned to the Board in December 2019, it was remanded in order to obtain a VA examination, tailoring the directives to the Veteran’s circumstances of confinement. Unfortunately, a VA examination has not yet been conducted pursuant to the remand directives, thus, another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998). While VA’s efforts to assist the Veteran have been complicated by his incarceration, the Board notes that VA’s duty to assist applies equally to incarcerated and non-incarcerated Veterans. In April 2020, the RO issued a Supplemental Statement of the Case (SSOC), denying the Veteran’s claim, stating the Veteran failed to attend a scheduled VA examination at VA Leavenworth Medical Center. However, the Veteran is and was incarcerated at the time. Further, the Board remand specifically provided three options to ensure the Veteran obtained an examination while incarcerated. The record reflects attempts made by the RO to contact a prison representative without success. The RO submitted the VA examination to Logistics Health Inc. (LHI) to conduct within the penitentiary; however, as of April 2021 an examination has not been conducted as LHI has not been able to gain access to the penitentiary to conduct the examination due to Covid-19 restrictions. Although VA does not have the authority to require a correctional institution to release a veteran for the purposes of a necessary examination, VA must nevertheless fulfill its duty to assist an incarcerated veteran. The matters are REMANDED for the following action: 1. Pursuant to the December 2019 Board remand, schedule the Veteran for a VA examination by a psychologist or psychiatrist. If the Veteran remains confined, (1) attempt to arrange transportation of the Veteran to a VA facility for examination; (2) contact the correctional facility to request their medical personnel conduct an examination according to VA PTSD or mental disorders examination work sheets; or (3) send a VA or fee-basis examination to the correctional facility to conduct the examination. Provide the Veteran’s electronic claims file and a complete copy of this Remand to the designated examiner for review. Following a review of the claims file and examination, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that any current acquired psychiatric disorder, to include PTSD, depression, or bipolar disorder, (a) had its onset in service; (b) that any psychosis manifested to a compensable degree within one year of separation from service; or (c) that any current psychiatric disorder is otherwise etiologically related to military service, to include the April 1983eventin which the Veteran sustained lacerations to his neck. A detailed medical rationale must be provided for all opinions expressed. 2. Efforts to contact the correctional facility should be thoroughly documented. If the above attempts are unsuccessful, the Veteran and his representative should be notified in writing. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Townsend, 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.