Citation Nr: 21028362 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 16-30 522 DATE: May 11, 2021 REMANDED Service connection for an acquired psychological disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1970 to September 1972 and from February 1974 to October 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2014 rating decision. The Board remanded the claim in November 2018 to obtain a medical opinion. The Board finds that there has not been substantial compliance with the remand directives and remand is in order. Stegall v. West, 11 Vet. App. 268 (1998). The Board's November 2018 remand requested that the Veteran be scheduled for a VA examination to determine the nature and etiology of any and all diagnosed acquired psychiatric disorders. The requested VA examination was not performed. A December 2019 Request for Physical Examination noted that the Veteran failed to report for his scheduled examination. Generally, under 38 C.F.R. § 3.655(a), when entitlement to a benefit cannot be established without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination or reexamination, action shall be taken in accordance with 38 C.F.R. § 3.655(b) or (c) as appropriate. 38 C.F.R. § 3.655(b) applies to original or reopened claims or claims for increase, and 38 C.F.R. § 3.655(c) applies to running awards, when the issue is continuing entitlement. Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, and death of an immediate family member. 38 C.F.R. § 3.655(a). Section 3.655(b) provides, when a claimant fails to report for an examination scheduled in conjunction with a claim for increase or a reopened claim for a benefit which was previously disallowed, the claim shall be denied. As the Board had not yet reopened and established its jurisdiction to address this claim, the Veteran has avoided this outcome. As it is, when a Veteran fails to report for an examination scheduled in conjunction with an original compensation claim, such as in this case, the claim will be rated based only on the evidence of record. 38 C.F.R. § 3.655. However, the Board notes that there is no evidence currently of record showing that the Veteran was notified that the VA examination was scheduled. While the Veteran was sent a letter in October 2019 stating that the VA medical facility nearest to the Veteran would schedule an examination, there was no further notation about scheduling the Veteran, nor any indication the Veteran had the opportunity to confirm or reschedule any scheduled exam. Therefore, the Board finds that remand is in order to ensure the Veteran is given the opportunity to appear for the examination. The matter is REMANDED for the following action: 1. The Agency of Original Jurisdiction (AOJ) should undertake appropriate action to obtain any outstanding records pertinent to the Veteran's claims, to include outstanding VA and non-VA treatment records. 2. After the action requested in paragraph (1) is completed, schedule the Veteran for an examination to determine the nature and etiology of any current psychiatric disorder, to include bipolar disorder. The Veteran's claims-file must be reviewed by the examiner in conjunction with the examination. Based on review of the record, the examiner should provide an opinion that responds to the following: (a.) Identify, by diagnosis, all psychiatric disabilities diagnosed since this claim was filed in 2013. (b.) As to each such diagnosed disorder, and to include bipolar disorder, is it at least as likely as not (50 percent or greater probability) that any currently diagnosed psychiatric disorder had its onset in service or is otherwise related to the Veteran's service? Please consider and discuss as necessary the service treatment records (STRs) reflecting two psychiatric hospitalizations and various other outpatient treatment and mental health assessments during the Veteran's second period of service. (c.) If a psychosis is diagnosed, is it at least as likely as not that such disorder was first manifested in service or within the first post-service year. Please consider and discuss as necessary the STRs noting paranoid ideation and hallucinations. (Continued on the next page) In addressing the above question, the examiner should consider and discuss as necessary the Veteran's history of mental health treatment during and following service and his recent diagnosis and treatment for bipolar disorder. A full rational is to be provided for all stated medical opinions. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jorge Barroso, 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.