Citation Nr: 18139954 Decision Date: 10/01/18 Archive Date: 10/01/18 DOCKET NO. 15-29 146 DATE: October 1, 2018 ORDER The Board having determined that new and material evidence has not been presented, reopening of the claim of entitlement to service connection for residuals of circumcision is denied. REMANDED Entitlement to service connection for depression is remanded. FINDINGS OF FACT 1. In an unappealed February 2013 Board decision, the Veteran was denied entitlement to service connection for residuals of circumcision. 2. The evidence associated with the claims file subsequent to the February 2013 Board decision is cumulative or redundant of the evidence previously of record, or does not relate to an unestablished fact necessary to substantiate the claim. CONCLUSION OF LAW New and material evidence has not been received to reopen a claim of entitlement to service connection for residuals of circumcision. 38 U.S.C. § 5108 (2012); 38 C.F.R. § 3.156 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active military service from August 1979 to August 1982. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas. Claim to Reopen – Residuals of Circumcision In a February 2013 Board decision, the Veteran was denied entitlement to service connection for residuals of circumcision based on a finding that there were no disabling residuals of the Veteran’s ameliorative in-service circumcision. The Veteran did not appeal that decision. The pertinent evidence that has been received since the February 2013 Board decision includes additional post-service treatment records. The Board finds that the evidence received since the February 2013 Board decision is cumulative and redundant of the evidence previously of record, and that it does not relate to the reason the claim was originally denied. In this regard, the Veteran has not submitted any evidence indicating that he has disabling residuals of his ameliorative in-service circumcision. Accordingly, the Board must conclude that new and material evidence to reopen the claim for service connection for residuals of circumcision has not been received and reopening of the claim of entitlement to service connection for residuals of circumcision is not warranted. As the Veteran has not fulfilled his threshold burden of submitting new and material evidence to reopen this finally disallowed claim, the benefit-of-the-doubt doctrine is not applicable. See Annoni v. Brown, 5 Vet. App. 463, 467 (1993). REASONS FOR REMAND Entitlement to Service Connection for Depression The Board finds that additional development is required before the Veteran’s remaining claim on appeal is decided. A review of the record shows that a VA medical opinion was obtained in conjunction with the Veteran’s claim in October 2014. However, a review of that medical opinion shows that it is inadequate for adjudication purposes. In this regard, the VA examiner found the Veteran did not have a mental health diagnosis. Specifically, the VA examiner found the available evidence does not substantiate Veteran’s claimed depression nor any other mental health diagnosis, and that the Veteran’s reported depressed mood alone is not sufficient to meet criteria for diagnosis of a depressive disorder. The examiner further stated that the Veteran’s mood fluctuations are more likely to be directly related to fluctuations in his level of reported physical pain. However, a review of the record shows post-service treatment records indicating a mental health diagnosis of delusional disorder persecutory type. See January 2015 VA treatment record. Thus, the Board finds that the Veteran should be afforded another VA examination to determine the nature and etiology of any currently present acquired psychiatric disorder. Additionally, current treatment records should be identified and obtained before a decision is made in this case. The matter is REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination with a psychologist or psychiatrist to determine the nature and etiology of any currently present psychiatric disability. The claims file must be made available to, and reviewed by the examiner. All indicated tests and studies must be performed. Based on the examination results and review of the record, the examiner should first identify all psychiatric disabilities present during the pendency of the claim, and proximate thereto. Then, for all identified disabilities, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that such disability had its onset during active service, or is otherwise etiologically related to such service. The examiner should also provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any such disability was caused or chronically worsened by a service-connected disability, to include general depression over medical ailments. In forming the opinion, the examiner must consider the Veteran’s statements regarding the onset and continuity of his psychiatric symptoms. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and all opinions provided comport with this remand, and undertake any other development found to be warranted. 4. Then, readjudicate the remaining issue on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Mariah N. Sim, Associate Counsel