Citation Nr: 21025687 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 14-25 376A DATE: April 28, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1967 to May 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2011 rating decision issued by a Department of Veterans Affairs (VA) regional office (RO). In January 2020, the Board remanded this matter a second time for further development. It has returned to the Board for appellate review. Entitlement to service connection for PTSD is remanded. Although the additional delay is regrettable, the Board finds that additional development is necessary before a final decision on the Veteran’s claim can be made. Pursuant to the January 2020 Board remand, the Agency of Original Jurisdiction (AOJ) scheduled the Veteran for a VA examination in October 2020. A review of the record reveals that in September 2020, the Veteran contacted VA to cancel the aforementioned VA examination and noted the Veteran’s intent to withdraw his appeal for the claim of entitlement to service connection for PTSD. This September 2020 letter requested the Veteran to send VA a signed letter if he wished to withdraw. See 09/28/2020 Appeal Process Request Letter. Then, in October 2020, VA contacted the Veteran regarding the cancelled VA examination, and the Veteran indicated that he wished to pursue his appeal and that he only cancelled the VA examination because it was scheduled to take place over two hours away in Fort Lauderdale, Florida. See 10/19/2020 VA 21-2507a, Request for Physical Examination. A day later, VA contacted the Veteran to discuss his VA examination options, and the Veteran indicated that he no longer wished to attend a VA examination at all and instead wished to withdraw his appeal. See 10/20/2020 VA 21-0820, Report of General Information. The Veteran was verbally informed of VA’s requirements for withdrawing an appeal in writing, but the Board observes that the record does not contain any such written withdrawal. As there is not a written statement from the Veteran that complies with 38 C.F.R. § 19.55(b), the Board finds that the Veteran has not formally withdrawn his claim and it remains on appeal. On remand, the Veteran should be contacted to clarify his intent on whether he wishes to proceed with his appeal or withdraw it. If the Veteran wishes to proceed, he should be scheduled for his VA examination as requested in the January 2020 Board remand. If the Veteran wishes to withdraw his claim, the AOJ should contact the Veteran and advise him on the requirements for a written withdrawal of his claim. The matter is REMANDED for the following action: 1. Contact the Veteran for clarification as to whether he intends to withdraw his claim of entitlement to service connection for PTSD that is currently on appeal. If the Veteran wishes to withdraw his claim, the AOJ should provide him with the necessary instruction on how he can formally withdraw his claim per 38 C.F.R. § 19.55(b). 2. If the Veteran wishes to proceed with his claim of entitlement to service connection for PTSD, he should be scheduled for a VA examination with an appropriate clinician to assess the nature and etiology of any acquired psychiatric disorder, to include PTSD. All necessary studies or tests, to include psychological testing and evaluation, should be accomplished. If the examiner determines that a physical examination is required, then an examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible due to the current pandemic) should be so scheduled. The entire claims file, including a copy of this Board remand, should be made available for the clinician’s review. The clinician is asked to provide the following information: (a.) Provide a full multiaxial diagnosis. Specifically state whether each criterion for a diagnosis of PTSD is met. Otherwise, provide a diagnosis for any acquired psychiatric disorder. (b.) If a diagnosis of PTSD is appropriate, identify each stressor event upon which the diagnosis is based. (c.) With respect to any psychiatric disorder found upon examination or identified during a review of the claims folder, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that each psychiatric disability was caused by active service. The examiner should review all pertinent evidence in the Veteran’s claims file in connection with the examination. All indicated studies should be completed. Provide a comprehensive rationale for any opinion rendered. If the examiner is unable to provide an opinion without resorting to speculation, state this an provide an explanation as to why this is so should be provided and any additional evidence that would be necessary before an opinion could be rendered should be identified. The examiner must provide a complete rationale for his or her opinion(s) in the examination report. 3. Inform the Veteran that he must report for the examination or show good cause for failing to report. 38 C.F.R. § 3.655. If the Veteran fails to report his claim may be decided based on the evidence of record. 38 C.F.R. § 3.655(b). If the Veteran refuses the examination or fails to report for the examination, that should be clearly documented in the record, to include evidence that the notice letter was sent to the proper address. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Tremont 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.