Citation Nr: 22016899
Decision Date: 03/23/22	Archive Date: 03/23/22

DOCKET NO. 08-36 534
DATE: March 23, 2022

REMANDED

Entitlement to service connection for psychiatric disability, to include major depressive disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Marine Corps from September 1972 to April 1974.  The appeal was most recently before the Board in November 2021, at which time, the Board remanded the case to obtain a VA examination to ascertain the nature and etiology of the Veteran's claimed psychiatric disorder.

As the Agency of Original Jurisdiction acknowledged in its January 2022 Supplemental Statement of the Case, in October 2021, the Veteran was involved in a serious motor vehicle accident transferred to a rehabilitation facility in November 2021.  One of the most recent VA treatment records, dated December 7, 2021, indicates that the Veteran did not have a working cellphone, but would provide his new number as soon as he gets one.  A January 24, 2022, record indicates that VA cancelled the Veteran's scheduled examination as it was unable to contact the Veteran.  The Board finds that the evidence presents good cause for the Veteran's failure to report to the VA examination.  Accordingly, remanded is needed to reschedule the Veteran for another examination.  See 38 C.F.R. § 3.655(a).  If, after appropriate measures are taken to schedule the Veteran for another examination, he fails to report, the Board will decide his case on the evidence of record.  Id.

The matters are REMANDED for the following action:

1. Obtain outstand VA treatment records from December 8, 2021, to present.

2. Schedule the Veteran for an appropriate VA examination to determine the nature, onset and etiology of any diagnosed acquired psychiatric disability.  For each identified psychiatric disorder, the examiner should respond to the following in terms of whether it is at least as likely as not:

	Did the disorder have its onset during service?

	Is the disorder related to an event, disease, or injury in service?

	Is the disorder caused by a service-connected disability?

	Is the disorder aggravated by a service-connected disability?

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Joshua R. Castillo, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.