Citation Nr: 21029456 Decision Date: 05/13/21 Archive Date: 05/13/21 DOCKET NO. 16-33 214 DATE: May 13, 2021 REMANDED Entitlement to a higher initial evaluation for other specified trauma/stress-related stress disorder with major depressive disorder rated 30 percent prior to January 9, 2017; 50 percent from January 9, 2017; and 30 percent from November 9, 2017, is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1969 to June 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In October 2019, the Board remanded this matter for further development. In a September 2020 rating decision, the RO granted a total disability rating based on individual unemployability (TDIU), effective April 29, 2015, the date an increased rating claim has been on appeal pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). As this constitutes a full award of a Rice TDIU during the period on appeal, this issue is no longer before the Board. Entitlement to a higher initial evaluation for other specified trauma/stress-related stress disorder with major depressive disorder rated 30 percent prior to January 9, 2017; 50 percent from January 9, 2017; and 30 percent from November 9, 2017, is remanded. The Veteran contends that his psychiatric disorder warrants a higher rating. Regrettably, another remand is warranted. A review of the Veteran's application for Social Security Administration (SSA) disability benefits showed that he was receiving private treatment for his acquired psychiatric disorder with P. Reposa as of April 2013. The initial December 2015 VA examination and VA treatment records also indicate he has received non-VA psychiatric treatment. As these private records have not been requested and associated with his claims file, a remand is warranted. On remand, the Veteran is invited to authorize VA to obtain them or submit these private treatment records for review. Additionally, pursuant to the Board's remand, the Veteran was scheduled an examination to evaluate the severity of his acquired psychiatric disorder in January 2020. However, the Veteran failed to report to the exam. The June 2020 informal DRO conference summary showed that the Veteran contended he was unaware of the examination and noted that he always reported for his appointments. Thereafter, Reports of General Information from July 2020 to September 2020 indicated that both the RO and the VA-contract examination scheduler attempted to set up a VA telehealth examination for the Veteran but was subsequently unable to reach him, despite numerous attempts. Generally, the Board notes that when a claimant fails to report for an examination scheduled in conjunction with a claim for increase, the claim shall be denied. 38 C.F.R. § 3.655(b). However, as the matter is being remanded since VA's duty to assist was triggered, the Veteran will be afforded another opportunity to attend a scheduled examination. The Board emphasizes that the duty to assist a claimant is not a one-way street. Wood v. Derwinski, 1 Vet. App. 406 (1991). Failure to cooperate without good cause may result in an adverse effect on the issue on appeal. See 38 C.F.R. § 3.655. The matter is REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records from the Providence VAMC from March 2020 to the present. 2. Ask the Veteran to complete a VA Form 21-4142 for any non-VA health provider that provided psychiatric treatment, including P. Reposa. Make two requests for the authorized records unless it is clear after the first request that a second request would be futile. 3. Schedule the Veteran for an examination (or telehealth interview, if an in-person examination is not feasible) by an appropriate clinician to determine the current severity of his service-connected acquired psychiatric disorder. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to his service-connected acquired psychiatric disorder alone. Inform the Veteran of his responsibility to report for his scheduled examination and to cooperate in the development of his claim, and that failure to report for the VA examination, without good cause, may have adverse consequences on his claim. If he does not attend his scheduled examination, document in the claims file all attempts to schedule the Veteran for the examination, to include a copy of the notice letter sent to his last known address and whether any notice was returned as undeliverable. D. JOHNSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Tang, 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.