MAJOR DEPRESSIVE DISORDER

PAULETTE VANCE BURTON · 2026 · Case ID: 26005038

DENIED

Summary

The Veteran, an Army Veteran who served from November 1978 to October 1993, appeals the denial of service connection for an acquired psychiatric condition, specifically depression. The Veteran has a diagnosis of depression, with a private examiner noting it was more likely than not related to trauma from witnessing soldier suicides during service. However, the Board found this private opinion inadequate as it referred to PTSD, a diagnosis not previously established, and lacked corroboration. The Veteran failed to attend a scheduled VA Compensation & Pension (C&P) examination for his mental health condition, as well as several other examinations for different conditions, without providing good cause. The Board noted the Veteran's failure to cooperate with the duty to assist, stating that the claim would be decided on the existing record. The Board also attempted to obtain treatment records from a British Army Medical Center in Germany, but these records were deemed unavailable. The Veteran's claimed stressors, including witnessing soldier suicides, could not be verified through military records research. The Board concluded that the evidence weighs against service connection and that the doctrine of reasonable doubt does not apply, leading to the denial of service connection for depression.

Rationale

Veteran failed to attend scheduled VA C&P examination.; No good cause provided for failure to attend examination.; Evidence of record weighs against service connection.

Service Branch

ARMY

Special Benefit

NO SPECIAL BENEFIT

Docket No.

17-42 452

Full Decision Text

Citation Nr: 26005038
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 17-42 452
DATE: April 29, 2026

ORDER

Entitlement to service connection for an acquired psychiatric condition, namely depression is denied.

FINDINGS OF FACT

The Veteran failed to attend the Compensation & Pension (C&P) examination scheduled by the Regional Office. The Veteran does not have any records of self-reported in-service stressors. The evidence of record persuasively weighs against finding that the Veteran's condition began during active service or is otherwise related to an in-service injury or disease.

CONCLUSION OF LAW

The criteria for service connection for an acquired psychiatric condition have not been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the United States Army from November 1978 to October 1993.

This matter comes before the Board of Veterans' Appeals (Board) under the Legacy Appeal System. This matter has been previously before the Board in May 20221 and September 2023. See May 2021 BVA Decision and September 2023 BVA Decision. The Veteran attended a Board Hearing prior to the first decision in April 2021. See April 2021 Hearing Transcript

In July 2025 the Board notified the Veteran that the Veterans Law Judge who held the hearing in April 2021 was no longer available at that the Veteran had 30 days to respond if he wished for another hearing. The Veteran responded in July 2025 that he did not want another Board hearing and wanted his case decided on the evidence of record.

1. Entitlement to service connection for an acquired psychiatric condition is denied.

Service connection may be granted for any disease diagnosed after discharge, when all evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus or a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

The Veteran has been diagnosed with depression. Vienna Family Medicine Treatment Records note that the Veteran was diagnosed with depression in 2003. It is unclear if the Veteran's diagnosis of depression meets the criteria of the DSM-V Diagnostic and Statistical Manual of Mental Disorders- Fifth Edition. The Veteran was noted to have tried several medications but was stable on Wellbutrin. He was taking 200 mg of sustained release once daily.

The Veteran also provided a private Disability Benefits Questionnaire (DBQ) filled by James Jenhas MD in July 2014. See July 2014 DBQ- Veteran Provided. The private examiner diagnosed the Veteran with depression. The examination was provided by a general practitioner, not a psychologist or psychiatrist. See 38 C.F.R. § 3.159(a)(1) (providing that competent medical evidence is evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions).

Because the Veteran had not been provided a VA Compensation & Pension (C&P) examination before, the September 2023 BVA Decision instructed the RO to provide a VA examination to the Veteran. A VA examination was scheduled on July 29th, 2023, at 11:00 AM with Bethzaida Felix-Santiago, Psychologist PsyD. See July 2023 exam request. It was requested that the Disability Benefits Questionnaire (DBQ) for Mental Disorders be completed. The Veteran failed to report for his scheduled VA examination. The Veteran was marked "no show for the exam. See July 2023 exam request.

Additionally, the record shows that the Veteran failed to report for various other examinations in March 10, 2022. See e.g. March 2022 ankle exam no show. Another failure to report was received on April 27, 2022. See April 2022 back exam no show. Another failure to report was received on May 6, 2022. See May 2022 exam no show.

The Veteran is reminded that the duty to assist is a two-way street and that his failure to cooperate may result in the Board's adjudication of this claim simply based on the evidence currently of record. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991) (noting the duty to assist is a two-way street that requires a claimant's active participation in a claim for VA benefits). Moreover, his failure to respond may be deemed an abandonment of the claim and could result in its dismissal.

When entitlement to a benefit cannot be established without a current VA examination or reexamination and a claimant, without good cause, fails to report for such examination or reexamination, an original claim for compensation is to be decided based on the evidence of record. 38 C.F.R. § 3.655(b). Examples of good cause include, but are not limited to, the illness or hospitalization of the claimant, or death of an immediate family member. 38 C.F.R. § 3.655(a).

The Board finds no good cause for the Veteran's failure to report to his scheduled examination. The record reflects notice was provided to his most recent address of record and such was not returned as undeliverable. Moreover, the Veteran has not provided any explanation, before or after the examination date, as to why he was not able to attend.

There are no VA medical opinions or examinations of record regarding the Veteran's psychological condition. Additionally, the Board finds the Veteran's private nexus opinion inadequate. The Veteran submitted a letter form Arnold C. Small, Ph.D., ABPP, who found that "it is more likely than not that PTSD and depression were related to the trauma of witnessing soldiers' suicides during his military enlistment." See Medical Treatment Record - Non-Government Facility. The examiner refers to PTSD while the Veteran had not been diagnosed with PTSD previously in the July 2014 private DBQ. It is not clear whether the private examiner has attempted to corroborate reported events. A bare transcription of lay history, unenhanced by additional comment by the transcriber, does not become competent medical evidence merely because the transcriber is a medical professional. LeShore v. Brown, 8 Vet. App. 406, 409 (1995). Thus, a medical opinion is inadequate when it is unsupported by clinical evidence. Black v. Brown, 5 Vet. App. 177, 180 (1995). The Board is free to assess medical evidence and is not compelled to accept a physician's opinion. Wilson v. Derwinski, 2 Vet. App. 614 (1992).

Treatment Records

The RO has satisfied its duty to assist in obtaining medical records as adequate efforts have been made by the RO in this regard. This matter was previously before the Board twice in May 20221 and September 2023. See May 2021 BVA Decision and September 2023 BVA Decision. The Board has twice remanded the matter to attempt to obtain treatment records from a British Army Medical Center in Paderborn, Germany.

The Veteran has reported: "I was stationed with remote unit in Germany from 1979 until 1981. The remote unit did not have medical facilities, instead we had to go to the British Forces medical facility. We lived in British housing and were fully supported by the British Forces. I went there because I was depressed, caused by PTSD and they prescribed anti-depression medications. However, they refused to give me copies of my treatment when I left Germany. They claimed the records belonged to the Queen." In a VA 27-0820 Report of General Information, the Veteran stated: "All records of treatment and/or evidence have been submitted to the VA previously. I do not possess any records or evidence that has not been turned over to the VA. I've never had written documentation from Sennelager Medical Center. That institution is owned by the British Forces in Sennelager Germany. When signing out of the unit in Germany, I asked that institution for copies of my records, they claimed they could not because the records were the property of the Queen of England."

A September 2023 VA 21-3101 Request for Information shows that the RO requested "any and all mental health records from 1/1/1980 to 12/31/1980 at the British army medical
Veteran stated: "All records of treatment and/or evidence have been submitted to the VA previously. I do not possess any records or evidence that has not been turned over to the VA. I've never had written documentation from Sennelager Medical Center. That institution is owned by the British Forces in Sennelager Germany. When signing out of the unit in Germany, I asked that institution for copies of my records, they claimed they could not because the records were the property of the Queen of England."

A September 2023 VA 21-3101 Request for Information shows that the RO requested "any and all mental health records from 1/1/1980 to 12/31/1980 at the British army medical center in Germany. The RO also sent out a request to Sennelager Medical Centre Bielfeder Strasse 54 33104 in Germany. See VA 21-8359 Information Re Veteran in Uniformed Services Hospital and General Records Request (Medical) and Second request correspondence. The RO has received no records in response.

In a Final Attempt Letter, the RO determined that these records cannot be located and therefore are unavailable for review. All efforts to obtain the needed information have been exhausted, and based on these facts, the RO determined that further attempts to obtain the records would be futile.

The RO took the following actions in an effort to obtain these records: 1. contacted the Sennelager Medical Centre on Feb 6, 2024, to obtain Sennelager Medical Records, however, they responded stating "No Records Available". 2. contacted the National Personnel Records Center on Feb 5, 2024 to obtain Sennelager Medical Records, however, they responded stating "No Records Available".

The RO has attempted to verify the Veteran's reported stressors, but the Veteran has not corroborated. The Veteran had reported two separate incidences involving fellow servicemembers who had alleged died by suicide. The May 2021 Board remand directed the AOJ to attempt to verify both reported incidents for the entire year of 1980. In February 2023, research was conducted on one incident from January to March 1980 and from January to March 1981. The Records Research Center Response noted the following:

A professional researcher from the Veterans Benefits Administration, Office of Field Operations, Military Records Research Center, has completed comprehensive research on the Veteran's claimed stressor event, claiming that between January 5, 1979 and May 1, 1979, while assigned to the 518th Signal Company, in Sennelager, Germany, Veteran heard a soldier named Corkum commit suicide while on the radio speaking with them. The following source was reviewed in an attempt to substantiate the Veteran's claimed incident/event: the National Archives and Records Administration (NARA) and Official Military Activities Report (OMAR) casualty databases. We requested records from National Archives and Records Administration (NARA), the custodian of Army unit records for 1979. NARA was unable to locate the 1979 unit history or daily journals for the 518th Signal Company or 39th Signal Battalion higher headquarters. In conclusion, no evidence was located to support documentation of the claimed incident/event.

The RO has satisfied it's duty to assist in obtaining medical records from Sennelager, Germany.

Beyond what's reported, the Veteran's Service Treatment Records (STRs) do not note psychiatric problems. The in-service incidents reported by the Veteran cannot be verified.

The Veteran has not attended the Compensation & Pension (C&P) examination scheduled by the RO.

Accordingly, the Board finds that the evidence weighs against a finding of service connection and that the evidence is not in approximate balance, nor 'nearly equal.'

(CONTINUED ON NEXT PAGE.)

As such, the doctrine of reasonable doubt does not apply, and the Veteran's claim must be denied. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Ortiz v. Principi, 274 F.3d 1361, 1364 (Fed. Cir. 2001); Lynch v. McDonough, 999 F.3d 1391 (Fed. Cir. 2021).

Paulette Vance Burton

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Gaminchi, Yasmin

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.

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