Citation Nr: 21032117 Decision Date: 05/25/21 Archive Date: 05/25/21 DOCKET NO. 11-26 004A DATE: May 25, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1996 to August 1999. This claim was previously before the Board in February 2013, December 2013, and September 2018. It is once again before the Board for further adjudication. In July 2018, the Veteran testified before a Veterans Law Judge at a Board hearing held by video conference. A transcript of that hearing has been associated with the record. In February 2021, the Board sent the Veteran a letter informing him that the Veterans Law Judge who had conducted the July 2018 hearing was no longer employed at the Board and asking him to indicate whether he wanted to attend a new hearing. As the Veteran did not respond, and in accordance with the February 2021 letter, the Board assumes the Veteran did not want another hearing. A November 2020 Social Security Administration (SSA) inquiry indicates that the Veteran is now receiving SSA payments. As SSA records may contain potentially relevant information regarding the Veteran's claim, the complete SSA record should be obtained prior to further adjudication. During the course of the appeal, the Veteran has moved to different addresses, including several in Maryland. The Veterans Benefits Management System (VBMS) indicates his most recent address was in Florida. The Board notes that the Agency of Original Jurisdiction (AOJ) attempted to complete some of the September 2018 Board remand instructions, including attempting to obtain any outstanding service personnel records and outstanding VA and non-VA treatment records. See August 2020 VA Development Letters. However, those letters were returned as undeliverable. The letters were resent to the Veteran at his new Maryland address in November 2020. Additionally, a September 2020 supplemental statement of the case (SSOC) relevant to the issue currently before the Board was returned as undeliverable. The claims file indicates the SSOC was resent to the Veteran in December 2020. As the Veteran's address appears to have changed, to ensure the Veteran has received a copy of the letters and SSOC, on remand, they should be resent to his latest address of record. Further, as no new records were obtained, the AOJ did not obtain an addendum VA opinion regarding the nature and etiology of the Veteran's acquired psychiatric disorder. As the September 2018 Board remand instruction required a new VA opinion if new records are associated with the claims file, the AOJ should obtain such an opinion if additional records are obtained as a result of the current Board remand. On remand, the AOJ should comply with the September 2018 Board remand instructions and provide the Veteran with a complete copy of the September 2020 SSOC at his current address. The Board also notes that the Veteran's representative, the Oregon Department of Veteran's Affairs, submitted a November 2018 letter notifying the Veteran that the Department could no longer effectively represent the Veteran as he moved out of the state of Oregon and revoking representation. On remand, the AOJ should provide the Veteran with an opportunity to select a new representative. The matters are REMANDED for the following action: 1. Obtain all medical and legal records pertaining to the Veteran's Social Security Administration disability claim. All efforts to obtain SSA records should be fully documented, and a negative response must be provided if records are not available. 2. Using the Veteran's current address or a more up-to-date address if available, the AOJ should accomplish the following: (a) send the Veteran a copy of the September 2020 supplemental statement of the case; (b) send the Veteran a letter advising him of his right to select a new power of attorney and informing him of available Veterans Service Organizations; (c) send the Veteran a letter notifying him regarding attempts made to obtain additional service personnel records (see August 2020 VA Development Letter); and (d) request the Veteran to provide the names, addresses, and approximate dates of treatment of all medical care providers, VA and non-VA, who have treated him for the disabilities on appeal since he last provided this information, and obtain and associate those records with the claims file after he signs the appropriate releases; 3. Obtain any outstanding VA treatment records since June 2018 and associate them with the claims file, including undertaking all reasonable and available means to request additional treatment records from the Veteran regarding his treatment at the Chris Kyle Medical Center/Hospital for the time period from 2015 to present, to include appropriate identification of such facility. After he has signed the appropriate releases, those records should be obtained and associated with the claims folder. 4. Thereafter, if any new records have been associated with the claims file regarding the Veteran's acquired psychiatric disorder, the claims file should be returned to the June 2018 VA examiner for an addendum opinion in which any new records are reviewed accordingly. If that examiner is no longer available, the Veteran's claims file should be forwarded to an appropriate medical specialist of like skill and qualification. A complete review of the record is required. The examiner should opine whether it is at least as likely as not (50% or greater probability) that any diagnosed acquired psychiatric disorder was the result of military service, to include the Veteran's alleged military sexual trauma stressors. A complete rationale for all opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination. Additionally, the clinician must indicate whether any opinion could not be rendered due to limitations of knowledge in the medical community at large and not those of the particular examiner. K. MARENNA Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Howell, 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.