Citation Nr: 21028332 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 08-00 368A DATE: May 11, 2021 REMANDED Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and schizophrenia. REASONS FOR REMAND The Veteran served on active duty from August 1981 to February 1983, including a prior period of inactive duty for training (INACDUTRA). The case is on appeal from a June 2007 rating decision. The claim was last before the Board in April 2020. At that time, the Board remanded the claim for further development. Service connection for an acquired psychiatric disorder, to include PTSD and schizophrenia. The Board previously remanded the case in April 2017 to afford the Veteran a VA examination in connection with the claim. However, the Veteran failed to report for the scheduled examination. Again, in December 2017, the Board remanded the claim, noting an assertion by the Veteran's representative that he did not receive notice regarding the examination because he was admitted for inpatient treatment at that time. Subsequent to the December 2017 remand, the record reflects the Veteran was scheduled for another VA examination in July 2018. However, the RO indicated in the January 2020 supplemental statement of the case (SSOC) that he failed to appear for the examination. It is unclear, however, whether the Veteran was properly notified of this examination, since the claims file does not have a notification letter addressed to the Veteran and there is additional correspondence returned as undeliverable. After the April 2020 remand, evidence of record includes correspondence reflecting the RO attempted to reschedule the Veteran for a VA examination since at least November 2020. However, the Veteran's telephone number was disconnected. It is unclear whether the Veteran received notification of this examination; however, between November 2020 and February 2021, numerous correspondence was sent to the Veteran at the address of record and none was returned as undeliverable. In February 2021, the most recent SSOC was returned as undeliverable. The Board recognizes the RO has taken multiple steps to verify the Veteran's current address so that an examination can be scheduled, including calling the Veteran to schedule a telehealth examination rather than an in-person examination. The Board is mindful of the provisions of 38 C.F.R. § 3.655 regarding action to be taken when a veteran fails to report for a scheduled VA examination "when entitlement to a benefit cannot be established" without the scheduled examination. In this case, however, it is unclear whether the Veteran was properly notified and there is no published guidance establishing the presumption of regularity in such an instance. See Kyhn v. Shinseki, 716 F.3d 572 (Fed. Cir. 2013). Thus, the Board finds that the Veteran should be afforded another opportunity to appear for a VA examination in connection with his claim. The Veteran is notified that failure to report for a scheduled examination or provide VA with an updated address can result in adverse consequences to include the denial of claims. See 38 C.F.R. § 3.655. The matters are REMANDED for the following action: 1. Notify the Veteran that it is his responsibility to report for any scheduled examination and to cooperate in the development of the claim and that the consequences for failure to report for a VA examination without good cause may include denial of the claim. 38 C.F.R. §§ 3.158, 3.655. In the event that the Veteran does not report for any scheduled examination, documentation must be obtained which shows that notice scheduling the examination was sent to his last known address. It must also be indicated whether any notice that was sent was returned as undeliverable. 2. Afford the Veteran a VA examination (or telehealth interview, review of record, etc., if an in-person examination is not feasible) to determine the nature and etiology of any acquired psychiatric disorder that may be present. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The examiner is requested to review all pertinent records associated with the claims file. The examiner should note that the Veteran is competent to attest to factual matters of which he has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should state this with a fully reasoned explanation. The examiner should identify all current psychiatric disorders. For each diagnosis identified other than PTSD, the examiner should opine as to whether it is at least as likely as not (a 50 percent probability or greater) that the disorder manifested in or is otherwise causally or etiologically related to the Veteran's military service. With respect to PTSD, the RO should provide the examiner with a summary of any verified in-service stressors, and the examiner must be instructed that only these events and any stressors related to fear of hostile military or terrorist activity may be considered for the purpose of determining whether exposure to an in-service stressor has resulted in PTSD. The examiner should determine whether the diagnostic criteria to support the diagnosis of PTSD have been satisfied. If the PTSD diagnosis is deemed appropriate, the examiner should then comment upon the link between the current symptomatology and any verified in-service stressor or any fear of hostile military or terrorist activity. A complete rationale should be provided for all opinions expressed. RYAN T. KESSEL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Becton, 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.