Citation Nr: 23026294 Decision Date: 05/05/23 Archive Date: 05/05/23 DOCKET NO. 19-25 481 DATE: May 5, 2023 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1974 to March 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board has recharacterized the claim to consideration of entitlement to service connection for any acquired psychiatric disorder pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009). In August 2019, VA sought clarification from the Veteran as to whether he wished to appear for a Board hearing. This clarification was returned as undeliverable, apparently due to challenges VA has had reaching the Veteran throughout the appeal. Importantly, as the Veteran marked the box on his substantive appeal declining a hearing, the Board finds that clarification is not necessary. Nevertheless, if the Veteran now wishes to appear for a Board hearing, he should contact VA and/or his representative regarding such. Entitlement to service connection for an acquired psychiatric disorder. The Veteran served aboard the USS Anchorage, which assisted with the evacuation of refugees from Vietnam in March 1977. He contends that he has an acquired psychiatric disorder that is related to witnessing this operation and persons who could not be rescued. See June 2016 submission. Attempts were made to schedule the Veteran for an examination in 2017, but were not successful because the Veteran was incarcerated. In July 2017, the Veteran's nephew contacted VA and reported that the institution the Veteran was residing was willing to schedule a VA examination, but the record does not reveal that any attempt to reschedule the examination was made. Thus, the Board finds that remand is required to attempt to schedule the Veteran for a VA examination. Additionally, the evidence of record indicates that there are possibly outstanding relevant private treatment records from a clinic in Louisiana and that the Veteran applied for disability benefits through the Social Security Administration (SSA). The record also indicates that the Veteran historically sought treatment for his mental health conditions while incarcerated at correctional institutions. Accordingly, remand is required to obtain these records from private medical providers, SSA, and periods of incarceration. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Obtain all documents pertaining to any application by the Veteran for SSA disability benefits, including any decisions and/or determinations, and all supporting documentation and medical records utilized in rendering any decision or determination. 3. Ask the Veteran to complete a VA Form 21-4142 for records from any private provider or correctional institution where he was incarcerated and received medical treatment for his acquired psychiatric disorder. 4. Following completion of directives one through three, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of his acquired psychiatric disorder. If an examination of the Veteran is not possible due to his incarceration, the attempts made to schedule the appointment should be well documented in the record. If an examination is not possible, the Veteran's record should still be provided to an examiner for comment on the presence of any psychiatric disorder and its relationship to his military service. In this regard, the claims file, to include a copy of this remand, must be made available to and reviewed by the examiner selected to examine the Veteran/provide an opinion. All testing deemed necessary must be conducted. Following examination of the Veteran (if possible) and review of the record, the examiner is asked to respond to the following: (a) Identify each psychiatric disorder the Veteran has or has had at any point during the appellate period. ? (b) For each acquired psychiatric disorder, is it approximately at least as likely as not that it is etiologically related to the Veteran's service? The Board calls the examiner's attention to the Veteran's June 2016 lay statement regarding rescuing refugees in Vietnam and his May 2017 statement that his frequent legal problems following service are a reflection of an in-service onset of his psychiatric disorder(s). Nathaniel J. Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Sosna, 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.