Citation Nr: 21030897
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 16-38 799
DATE: May 19, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder to include schizophrenia and posttraumatic stress disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1980 to July 1984.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In his August 2016 form 9, the Veteran requested a hearing.  The Veteran subsequently withdrew his hearing request in August 2016. 

This matter was previously remanded in November 2018 for further development.  For the reasons discussed below, remand is again warranted. 

1. Entitlement to service connection for an acquired psychiatric disorder to include schizophrenia and posttraumatic stress disorder is remanded.

A December 2015 medical opinion notes that the Veteran has a long-standing diagnosis of schizophrenia during his 20 years of incarceration as an inmate in the Wisconsin Department of Corrections, or as a patient at Sand Ridge Secure Treatment Center.  The Board's November 2018 remand directives instructed the RO to obtain all outstanding treatment records.  However, the record does not contain any treatment records from these facilities.  Following the November 2018 remand, the RO failed to provide the Veteran with a VA Form 21-4142, Authorization to Disclose Information and consequently failed to request the treatment records. 

The Board is obligated by law to ensure that the RO complies with its directives.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  RO compliance with remand directives is not optional or discretionary and the Board errs as a matter of law when it fails to ensure remand compliance.  Stegall, 11 Vet. App. at 271.  Because no attempts were made to obtain the outstanding treatment records, remand is warranted to ensure compliance with the November 2018 Board remand.

Further, the Board notes that in his May 2016 notice of disagreement the Veteran alleged that he has been diagnosed with posttraumatic stress disorder (PTSD).  However, the record contains no evidence or information regarding the Veteran's PTSD stressor and no evidence that the RO sought to obtain additional information as it relates to the Veteran's stressor.  Remand is warranted for further development of the Veteran's claim with respect to PTSD. 

The matters are REMANDED for the following action:

1. Obtain all outstanding VA treatment records. 

2. Ask the Veteran to complete a VA Form 21-4142 for all private treatment received to include treatment from the Wisconsin Department of Corrections and Sand Ridge Secure Treatment Center.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.  

3. Ask the Veteran to complete VA Form 21-0781 statement in support of claim for PTSD.  

4. After all outstanding treatment records have been received and VA Form 21-0781 has been completed, perform any additional development necessary to fully adjudicate the Veteran's claim.  

 

 

Jennifer White

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Wimbish, 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.