13-25 109
13-25 109
| Board of Vet. App. | Aug 31, 2016Background
- Veteran served on active duty May 1979–Aug 1981 and appealed a denial of service connection for an acquired psychiatric disorder (other than depression).
- Initial claims included PTSD and depression; VA later granted service connection for depression in May 2015, so the remaining issue was other psychiatric diagnoses.
- Veteran testified to receiving mental-health treatment at Ogden VA CBOC and Food and Care Coalition (Provo); these treatment records were not in the claims file.
- Veteran submitted a private psychological report (June 2016, Dr. Swaner) diagnosing PTSD, social anxiety, bipolar disorder, ADHD, and personality disorder traits.
- The Board previously remanded (Jan 2015, Sept 2015, Jan 2016) for development; the Board found prior development incomplete (missing records, unsigned releases) and ordered further development and an addendum VA opinion.
- The Board remanded again (Aug 2016 decision) directing the RO to obtain outstanding VA and private records, notify the Veteran, solicit lay statements, obtain an addendum opinion addressing diagnoses and nexus, then readjudicate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for an acquired psychiatric disorder (other than depression) | Veteran asserts he has one or more psychiatric disorders since service, supported by treatment history and private psychological report linking symptoms to in-service stressors (including alleged in-service assault) | VA/RO contends the record lacks necessary treatment records and adequate medical nexus opinion to grant service connection | Board REMANDED for additional development: obtain outstanding VA/non-VA records (Ogden CBOC, Food and Care Coalition), solicit lay statements, obtain VA addendum opinion addressing diagnoses and nexus (considering Dr. Swaner report), then readjudicate |
Key Cases Cited
- Clemons v. Shinseki, 23 Vet. App. 1 (2009) (VA claim for PTSD encompasses reasonably raised psychiatric diagnoses)
- Stegall v. West, 11 Vet. App. 268 (1998) (Board must ensure compliance with remand directives; remedial relief if duties not complied with)
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence and argument after remand)