Citation Nr: 23027258
Decision Date: 05/08/23	Archive Date: 05/08/23

DOCKET NO. 15-33 875
DATE: May 8, 2023

REMANDED

Entitlement to service connection for PTSD is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1969 to December 1971. His service included a tour in Vietnam from April 1970 to March 1971.

On initial review of this case the Board remanded it to the Agency of Original Jurisdiction (AOJ) for additional development. See 05/23/2019 BVA Decision. The AOJ diligently endeavored to complete the development and returned the case to the Board for further appellate review. See 06/16/2020 SSOC.

Entitlement to service connection for PTSD is remanded.

The 2019 remand directed the AOJ to arrange an examination to determine whether the Veteran meets the diagnostic criteria for PTSD and if so, to obtain a nexus opinion from the examiner. The AOJ arranged two examinations, and both on both occasions the Veteran failed to report. In response to the first notice, the Veteran complained that the examination location in New York was too far from his home in New Jersey, and he requested that the examination be rescheduled. The AOJ arranged another examination for February 2020 with an examiner in the Veteran's home state, but he also failed to report to it. See 02/03/2020 C&P Exam.

In March 2020 correspondence, the Veteran conceded that he had ample notice of the examination, but he did not go because the examination locale was too far from his home. The Veteran explained that he cannot bring himself to discuss his claimed PTSD symptoms when away from his home area, and he set forth additional information on his symptoms that he finds much easier to write than to discuss. See 03/16/2020 Correspondence, P. 3.

While the Board notes the fact that the Veteran reported for in-person examinations in NY and in NJ at locations up to 41 miles from his NJ home, the Board also recognizes the unique acquired mental disorder that is PTSD. Hence, out of deference to the pro-claimant VA system and to the unique pathology of PTSD, the Board will remand for the AOJ to seek to arrange a PTSD examination via teleconference, unless there are clinicians with whom VA contracts in the Veteran's township.

The Veteran's representative must impress upon him the importance of being forthcoming with the examiner if he wants his claim adjudicated effectively. The Board also notes the lay statement of the Veteran's wife (09/03/2021 BUDDY-LAY). 

The matters are REMANDED for the following action:

1. The AOJ shall endeavor to arrange a mental examination with an appropriate clinician to identify all acquired mental disorders the Veteran manifests. First seek to arrange the examination with an appropriate clinician located within the limits of the Veteran's city of residence. In the alternative, arrange an examination to be done via teleconference.

For any acquired mental disorder identified, the clinician is asked to opine on whether it is approximately at least as likely as not that it had onset in active service or is otherwise causally connected to active service. A full explanation must be provided for all findings and opinions.

2. After the above is complete, readjudicate the claim as appropriate.

 

 

Eric S. Leboff

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Snyder, William T.

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.