Citation Nr: 21030589 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 16-17 432 DATE: May 19, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1971 to December 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In his April 2016 substantive appeal (VA Form 9) and subsequent May 2016 correspondence, the Veteran requested a Board videoconference hearing. Accordingly, he was scheduled to appear for a Board hearing in August 2019. However, he failed to appear at the scheduled hearing, and has not since asked for it to be rescheduled. As such, his hearing request is deemed withdrawn. 38 C.F.R. § 20.704. The Board has recharacterized the Veteran's claim as a claim of entitlement to service connection for an acquired psychiatric disability pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009). Service Connection Acquired Psychiatric Disability The Veteran asserts that he has an acquired psychiatric disability related to his active service. Specifically, the Veteran asserts that he suffers from PTSD as result of his combat experiences and a fire and explosion on his ship, while he was on leave that killed several of his fellow service members. The Veteran's service treatment records (STRs) show that the Veteran marked "yes" for depression or excessive worry on his December 1975 Report of Medical History. In June 2014, the Veteran was afforded a VA examination. At that time, the examiner found that the Veteran did not meet the criteria for a diagnosis of PTSD. Instead the examiner diagnosed the Veteran with adjustment disorder with anxiety secondary to his multiple sclerosis and his wife's recent diagnosis of ALS. However, the Board finds that the examiner failed to address the nature and etiology of the Veteran's adjustment disorder and consider the Veteran's STRs showing he reported depression or excessive worry on his December 1975 separation examination. Therefore, the Board finds that a new VA medical examination and medical opinion should be obtained in order to determine the nature and etiology of the Veteran's claimed acquired psychiatric disability. Finally, VA treatment records dated in November 2012 reflect that the Veteran sought treatment from a private psychiatrist, Dr. R. These records have not been associated with the record. Upon remand, VA should obtain authorization and request these records. The matter is REMANDED for the following actions: 1. Ask the Veteran to complete a VA Form 21-4142 for Dr. R. in 2012 and any other private psychiatric treatment. Make two requests for the authorized records from the identified providers, unless it is clear after the first request that a second request would be futile. 2. Obtain the Veteran's VA treatment records from March 2016 to the present. 3. Schedule the Veteran for a VA examination to determine the nature and etiology of any acquired psychiatric disability. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed. The examiner is asked to identify all psychiatric diagnoses, to include PTSD, major depressive disorder, adjustment disorder, or anxiety. For all psychiatric disabilities identified, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any such disability had its onset during the Veteran's active service, or is otherwise etiologically related to such service. In forming the opinions, the examiner must consider the Veteran's lay statements regarding the onset and continuity of his symptoms and the report of depression or excessive worry on his December 1975 separation examination. The rationale for all opinions expressed must be provided. (Continued on next page) 4. After completing the above, and any other development as may be indicated, the Veteran's claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and his representative should be issued a supplemental statement of the case (SSOC). An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. Stephanie M. Owen Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board I. Umez-Eronini, 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.