Citation Nr: 21031694 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 17-42 452 DATE: May 24, 2021 REMANDED The issue of service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1978 to January 1993. This matter comes before the Board of Veterans' Appeals (Board) from a June 2014 rating decision from a Department of Veterans Affairs (VA) regional office (RO). In April 2021 the Veteran was provided a hearing before the undersigned Veterans' Law Judge. A transcript of the hearing has been associated with the claims file. After reviewing the evidence of record, and considering Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the Board has recharacterized the issue of service connection for depression to encompass any acquired psychological disorder, to include depression and PTSD. The Issue of Service Connection for an Acquired Psychiatric Disorder is Remanded The matter is REMANDED for the following action: 1. BACKGROUND FOR THE ADJUDICATOR: The Veteran reported that he witnessed the suicide of two soldiers in 1980. In an August 2017 correspondence, he stated that both occurred at the Sennelager Radio Site, just outside of Paderborn, Germany. He alternatively reported that the second suicide may have been witnessed at the Nellingen Net Control Station in Nellingen, Germany. The RO did not attempt to confirm these reported incidents with the JSRRC (now RMDA) because the Veteran did not provide a 60-day range of dates in which the events occurred. While the JSRRC may have required that requests for research be provided in 60-day ranges, VA's duty to assist is not limited to such ranges. Instead when the range of dates provided by the Veteran exceeds 60 days, it is part of VA's duty to assist to submit multiple 60-day record searches. Gagne v. McDonald, 27 Vet. App. 397, 404 (2015). A remand in necessary to accomplish this research. The Veteran has also identified treatment records which are not in the file and for which no attempts have been made to obtain complete copies. First the Veteran has reported that he was treated for depression while in service at a British Medical Clinic in Paderborn, Germany. Second, the Veteran provided a list of doctors who have treated his acquired psychiatric disorder in a May 2017 correspondence which lists doctors JJ, IS, RC, HK, and AS. The record contains only partial copies of treatment records for these doctors. The correspondence also lists a Dr. MM as treating him from 1995 to 2003, for which there are no records in the file. A remand is necessary to attempt to obtain and associate complete records from these providers. Finally, at the Veteran's hearing, he identified that he was found disabled by the Social Security Administration for a mental disorder. Copies of these records should be obtained and associated with the claims file. 2. Request that RDMA attempt to verify the Veteran's reported traumatic experiences of witnessing two soldiers commit suicide in 1980 at the Sennelager Radio Site and Nellingen Net Control Station. It should be noted that the Veteran was service in the 518th Signal Company, 39th Signal Battalion, 2nd Brigade at the time of the reported incidents. If RDMA requires that the requests only be made in 60-day date ranges, the multiple 60-day requests should be made to encompass the year of 1980. If RDMA is unable to verify the events reported by the Veteran, then the Veteran should be notified and given an opportunity to provide evidence of that the events occurred. 3. Attempt to obtain any outstanding medical records identified by the Veteran, to include requesting the Veteran provide any waivers necessary to request the identified records. Requests should be made to: * A British Army Clinic in Paderborn, Germany in 1980. * Dr. MM in West Seneca, New York from 1995 to 2003. * Dr. JJ in Vienna VA from 2003 forward. * Dr. IS from March 2014 to March 2015 * Dr. RC from May 2014 to March 2015. * Dr. HK from March 2015 to present. * Dr. AS from March 2015 to present. NOTE: These abbreviations are used to protect the privacy of the providers and the Veteran; however, the requests should include the provider's full names, which can be found in correspondence from the Veteran in May 2017. 4. Obtain a copy of the Veteran's Social Security Administration (SSA) records relating to his claim for disability. 5. Readjudicate the issue on appeal. If the benefit sought on appeal remains denied, the Veteran should be provided a supplemental statement of the case (SSOC). An appropriate period should be allowed for response before the case is returned to the Board Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Reed, 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.