Citation Nr: 21040008
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 15-15 660
DATE: July 2, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), chronic panic attacks with agoraphobia, a mood disorder not otherwise specified, major depression, major depressive disorder, and anxiety disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1968 to April 1969.  The Veteran died in September 2016.  See November 2016 Death Certificate.  The appellant, the Veteran's surviving spouse, has been properly substituted in this case.  See August 2019 Notification Letter (e.g. VA Form 20-8993, VA Form 21-0290, PCGL).

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).  

By way of background, this matter was previously before the Board in November 2020, when it was remanded for further development. 

Lastly, the Board has re-characterized the claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, chronic panic attacks with agoraphobia, a mood disorder not otherwise specified, major depression, major depressive disorder, and anxiety disorder.  Clemons v. Shinseki, 23 Vet. App. 1 (2009) (The scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant's description of the claim, reported symptoms, and the other information of record.).

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, chronic panic attacks with agoraphobia, a mood disorder not otherwise specified, major depression, major depressive disorder, and anxiety disorder, is remanded.

In his August 2011 notice of disagreement (NOD), the Veteran reported that he was receiving treatment for PTSD at the Veteran's Center (Vet Center) in Los Angeles, California.  See August 2011 NOD.  In addition, an August 2011 registered nurse note shows that the Veteran reported that he had been working as a counselor for the county for 15 years and previously underwent six months of counseling for panic attacks, and a December 2012 psychiatry attending note shows that the Veteran received counseling through his work.  See March 2015 CAPRI.  However, no medical records from the Vet Center in Los Angeles, California or related to the six months of counseling the Veteran received for panic attacks and through his work as a counselor have been associated with the claims file.  As such, the Board finds that a remand is required to obtain these records.

Moreover, an August 2011 mental health outpatient initial evaluation note shows that the Veteran received treatment at VA in the 1980s.  See March 2015 CAPRI.  However, the Board notes that the earliest VA treatment records currently associated with the Veteran's claims file are dated in August 2011 and that no unavailable records response has been received.  As such, the Board finds that a remand is also required to obtain these records.

The matter is REMANDED for the following action:

With any necessary identification of sources by the appellant, request all VA treatment records not already associated with the file from the Veteran's VA treatment facilities (to include any archived records), and all private treatment records from the Veteran not already associated with the file.  Specifically, attempts should be made to obtain any VA medical records dated in or around the 1980s; medical records from the Veteran Center in Los Angeles, California; and any private treatment records related to the six months of counseling the Veteran received for panic attacks and through his work as a counselor.

If any treatment records are unavailable, issue a formal finding of unavailability and notify the appellant so that she can submit any medical records in her possession.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Justis, 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.