Citation Nr: 21042192
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 18-02 805
DATE: July 12, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), bipolar disorder, borderline personality disorder, anxiety, and depression, claimed as due to military sexual trauma (MST), is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1983 to April 1987 and from May to September 1992.  

This claim is on appeal from a February 2013 rating decision that denied service connection for an acquired psychiatric disorder.

The issue of service connection for an acquired psychiatric disorder was denied in a February 2020 Board decision.  The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court).  In a February 2021 Joint Motion for Remand (JMR), both the Veteran, through an attorney, and VA's Office of General Counsel, requested that the Court vacate and remand the Board's February 2020 decision.  The Court granted the JMR in a February 2021 Order. 

Both parties to the JMR found that the Board erred in not complying with VA's duty to assist in obtaining outstanding VA treatment records.  They noted that VA treatment records from Clarksburg VA Medical Center (VAMC) reflect that the Veteran received treatment for substance abuse at Perry Point VAMC after separation from military service.  A November 2001 treatment record reflects that she was treated at Perry Point VAMC for drug and alcohol treatment in 1993.  A February 2012 treatment record reflects that she completed substance abuse rehabilitation at Perry Point VAMC in 1989.  The parties noted that these treatment records are not associated with the claims file.  

The parties also noted that, in February 2012, the Veteran requested that VA assist her in obtaining records dated in 1985 from Balboa Naval Hospital.  The parties noted that, at the time of the Veteran's request, her last name was [REDACTED]; however, she previously had two other last names  [REDACTED] and [REDACTED].  The parties concluded that, on remand, the Board must make another effort to assist in obtaining the identified Balboa Naval Hospital records using the last names [REDACTED] and [REDACTED].  

The Court has held that VA is on constructive notice of all documents generated by VA, even if the documents have not been made part of the record in a claim for benefits.  See Bell v. Derwinski, 2 Vet. App. 611 (1992).  In compliance with the terms of the JMR, the Board finds that a remand is necessary to obtain VA treatment records identified by the Veteran but not currently in the record.   

The matters are REMANDED for the following action:

1.  Conduct any appropriate development to obtain the Veteran's updated treatment records, to include any VA treatment records for substance abuse rehabilitation and/or drug and alcohol treatment which may be available from Perry Point VAMC.  A copy of any request(s) for these records, and any reply, to include any records obtained, should be included in the claims file.

2.  Contact the appropriate Federal records repository and request all of the Veteran's available treatment records dated in 1985 from Balboa Naval Hospital using the last names of [REDACTED] and [REDACTED].  A copy of any request(s) for these records, and any reply, to include any records obtained, should be included in the claims file.

3.  Readjudicate the appeal.

 

 

MICHAEL T. OSBORNE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hammad Rasul, 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.