Citation Nr: 21025404 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 15-23 261A DATE: April 28, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include antisocial personality disorder and generalized anxiety disorder, is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, served on active duty from July 1989 to March 1990. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2014 rating decision by a Department of Veterans’ Affairs (VA) Regional Office (RO). In February 2019, the Board remanded this matter for additional development. Unfortunately, another remand is warranted prior to adjudication on the merits. Entitlement to service connection for an acquired psychiatric disability, to include antisocial personality disorder and generalized anxiety disorder, is remanded. In the March 2021 Informal Hearing Presentation, the Veteran’s representative argued that the RO has not complied with the Board’s February 2019 Remand directives, as the record does not indicate that the Veteran was adequately notified that a VA examination had been scheduled. Specifically, the representative contends that, contrary to the RO’s finding in the supplemental statement of the case (SSOC), VA did not exhaust all means to locate and contact the Veteran, despite evidence indicating that the Veteran is homeless. The representative notes that while the September 2020 CLEAR report indicated that the Veteran had moved to California and listed a known address as recently as April 2020, VA has not consistently sent communications, including the February 2021 Board docketing letter, to the Veteran’s most recent known address. The representative also accurately noted that while the record documents the RO’s emails to a Homeless Veterans Outreach Coordinator (HVOC) in California, the record does not indicate that the HVOC, or any other appropriate VA employee, ever responded. As such, the Board agrees with the representative that further efforts are needed to attempt to locate this Veteran and afford him the opportunity for a VA examination. See Stegall v. West, 11 Vet. App. 268 (1998) (finding that a remand by the Board confers on the Veteran the right to compliance with its remand orders). The Veteran is advised that VA's duty to assist a veteran in developing the facts and evidence pertinent to his claim is not a one-way street. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). It is the responsibility of veterans to cooperate with VA. See Caffrey v. Brown, 6 Vet. App. 377, 383 (1994); Olson v. Principi, 3 Vet. App. 480, 483 (1992). In addition, a September 2015 private psychological evaluation report indicated that the Veteran “would be working towards” disability benefits from the Social Security Administration (SSA). The record contains November 2019 SSA Inquiry Results indicating that the Veteran was homeless and may have been denied SSA disability benefits. However, it does not appear that the VA has requested the Veteran’s SSA records, to include a determination or any other medical records on which a determination was made. Because any SSA decision and the records upon which the agency based its determination are potentially relevant to VA's adjudication of this claim, VA is obliged to attempt to obtain and consider those records in adjudicating this appeal. As such, the Board has no discretion and must remand this appeal to obtain those SSA records. The matters are REMANDED for the following action: 1. Obtain from SSA all records pertaining to the Veteran's claim for disability benefits, if any, including copies of all medical records considered in deciding any claim. If the records are not available, that should be documented in the record. 2. Contact the Homeless Veterans Outreach Coordinator, or other appropriate official, assigned to the area of the Veteran’s last known address for assistance in contacting this Veteran. All efforts to locate/contact the Veteran, including any responses received from the Homeless Veterans Outreach Coordinator, should be documented. 3. If and only if a new address or contact information is obtained, attempt to schedule the Veteran for a VA examination to determine the nature and etiology of his acquired psychiatric disability. The examiner shall review the claims file, to include this Remand. Following review of the claims file, the examiner should provide the following opinions: a. Identify whether the Veteran has a diagnosed psychiatric disability, to include anxiety and bipolar disorder (manic depression). The examiner should address Dr. M.V.’s July 2015 and Dr. D.F.’s October 2015 diagnoses. b. For any diagnosed psychiatric disability, indicate whether it is at least as likely as not (i.e., 50 percent or greater probability) that the disability is related to or caused by service. The January 1990 service treatment records indicating suicidal ideations should be considered and discussed. A detailed rationale should be provided for the opinion(s) rendered. 4. Then, readjudicate the issue on appeal. Megan R. Thomas Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.C. Allen, 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.