Citation Nr: 21027386
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 16-62 092
DATE: May 5, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, claimed as depression is remanded.

INTRODUCTION

The Veteran had active service in the U.S. Air Force from April 1976 to November 1976.

In August 2020, the United States Court of Appeals for Veterans Claims (Court) granted a joint motion for partial remand and returned the case to the Board for action consistent with the joint motion. 

REASONS FOR REMAND

Initially, the Board notes the Veteran's obtained service treatment records (STRs) do not contain his mental health treatment notes.  By way of various correspondence, the Veteran has asserted he received mental health care during his time in service.  The Veteran has also indicated his commanding officer witnessed his crying spells during his period of active service, and in this respect, the Board observes the Veteran's official military personnel file (OMPF) has also not been obtained.  

Since these missing service records may be determinative as to the issue of entitlement to service connection for the above-referenced disability, the Board finds all indicated development to obtain those records must be accomplished.

The Veteran has asserted his claimed disability was incurred in service.  As noted above, he has stated he received treatment for mental health problems in service, and experienced several manifestations to include crying spells, depressed mood, and suicidal thoughts.  The Veteran's mother recalled his lack of energy and depressed mood following his discharge from active duty in an August 2012 statement.  In addition, the Veteran has provided current medical records establishing treatment for his claimed disability.  Based on the foregoing, the Board finds a VA examination and medical opinion is necessary.

Accordingly, this case is REMANDED for the following actions:

1.  Request from the National Personnel Record Center (NPRC), or any other appropriate source, the Veteran's complete official military personnel file (OMPF) and service treatment records (STRs), to specifically include a PIES 050 request, to determine whether any additional service records are available.  If any requested records are deemed unavailable, the record should be annotated to reflect such and the Veteran notified.

2.  Thereafter, afford the Veteran a VA examination by a Psychiatrist or Psychologist with sufficient expertise to address the etiology of the Veteran's claimed acquired psychiatric disorder.

All pertinent evidence of record must be made available to and reviewed by the examiner.  Any indicated studies should be performed.

Following a review of the relevant records and lay statements, the examiner should state an opinion with respect to whether any diagnosed psychiatric disorder, to specifically include depressive disorder, at least as likely as not (a 50 percent probability or greater) originated during his period of active service or is otherwise etiologically related to his active service.

The examiner must specifically address the Veteran's reports relative to the etiology of the claimed disability.  If the examiner is unable to provide any required opinion, he or she should explain why.  If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so.

 

 

T. REYNOLDS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	G. Fraser, 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.