Citation Nr: 21027940 Decision Date: 05/07/21 Archive Date: 05/07/21 DOCKET NO. 16-15 337A DATE: May 7, 2021 REMANDED Entitlement to service connection for sleep apnea is remanded. Entitlement to service connection for hypertension is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and generalized anxiety, is remanded. Entitlement to service connection for left foot disability is remanded. REASONS FOR REMAND The Veteran had active duty service in the United States Army from May 1974 to May 1976. These matters come before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). These matters were previously denied by the Board in July 2018 and the Veteran appealed the decision to the Court of Appeals for Veteran's Claims (Court). In June 2019, the Court, pursuant to a Joint Motion for Partial Remand (JMPR), vacated the Board's decision and remanded to the Board. The parties to the JMPR agreed that the Board failed to reference and consider the contents of untranslated (Spanish) correspondence in the claims file, the March 2011 diagnosis for left achilles tendonitis and small posterior calcaneal enthesophyte of the left calcaneus or whether evidence of foot pain amounted to functional impairment, and October 2012 VA psychiatric treatment records for the claimed psychiatric condition. These matters were subsequently remanded by the Board for further development in January 2020. The matters return to the Board for appellate consideration. In Clemons v. Shinseki, the United States Court of Appeals for Veterans Claims (Court) held that, in determining the scope of a claim, the Board must consider the claimant's description of the claim, symptoms described, and the information submitted or developed in support of the claim. 23 Vet. App. 1, (2009). In this case, the Veteran seeks service connection for PTSD and MDD; however, the treatment records also show other acquired psychiatric disorders such as generalized anxiety. Therefore, the Board has characterized the issue as entitlement to an acquired psychiatric disorder, to include PTSD, MDD, and generalized anxiety. The Board notes that following the January 2020 remand, partial compliance with the Board's directives have been met such that the April 2008 correspondences and November 2010 statement were translated from Spanish to English. Stegall v. West, 11 Vet. App. 268 (1998). 1. Entitlement to service connection for sleep apnea is remanded. 2. Entitlement to service connection for hypertension is remanded. 3. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, MDD, and generalized anxiety, is remanded. 4. Entitlement to service connection for left foot disability is remanded. Although the Board regrets the delay, another remand is required before an appellate decision can be rendered. The Board remanded the claim in January 2020 to obtain any outstanding treatment records, translate any foreign documents in the claims file from Spanish to English, to include the April 18, 2008 Statement, April 24, 2008 Correspondence, and November 6, 2010 Statement, and to schedule the Veteran for a VA examination and obtain a nexus opinion for his acquired psychiatric disorder claim. The RO submitted a request for any additional treatment records and obtained translations from Spanish to English for the above requested documents. See February 2020 Correspondence and August 2020 Translation Related. A close review of the claims file, however, reveals that the RO had not obtained a VA psychiatric examination nor issued a Supplemental Statement of the Case (SSOC) addressing any newly obtained evidence for the issues on appeal. Stegall. An August 2020 deferred rating correspondence indicated that a pending VA examination was requested in July 2020 and a decision on the issue was deferred. However, it is unclear to the Board why the VA psychiatric examination was never obtained or why the matters on appeal were returned to the Board without issuance of an SSOC. As such, a remand is warranted to accomplish this development. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of any currently endured acquired psychiatric disorder, to include PTSD, MDD, and generalized anxiety. The claims file should be made available to, and be reviewed by, the examiner, and it should be confirmed that such records were reviewed. For any current acquired psychiatric disorder identified, indicate whether the disability is at least as likely as not (i.e. 50 percent probability or greater) related to the Veteran's service in the United States Army. An explanation for all opinions expressed must be provided. All opinions must take into account the Veteran's own history and contentions. 2. Send the Veteran a SSOC that addresses the issue of service connection for sleep apnea, hypertension, acquired psychiatric disorder, and left foot disorder and indicates review of any relevant evidence, to include the translated documents, associated with the claims file since the March 2017 SSOC. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. Asfaw, 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.