Citation Nr: 18140960 Decision Date: 10/09/18 Archive Date: 10/09/18 DOCKET NO. 18-09 562 DATE: October 9, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include cannabis use disorder previously diagnosed as anxiety neurosis with paranoid features claimed as depression, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 1976 to September 1977. A hearing was not requested. 1. Entitlement to service connection for an acquired psychiatric disorder, to include cannabis use disorder previously diagnosed as anxiety neurosis with paranoid features claimed as depression, is remanded. In June 2017, a VA examiner diagnosed the Veteran with cannabis use disorder and concluded that this disorder was the result of the Veteran’s own misconduct. The examiner did not provide a rationale as to why this disorder was less likely than not related to service. In a December 2017 report of contact, the Veteran stated that he was mistreated by the VA examiner and that the examiner provided an incorrect diagnosis. In August 2018, the Veteran filed separate claims for several other acquired psychiatric disorders and submitted correspondence discussing in-service stressors. When VA undertakes to provide an examination, it must ensure that the examination is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). In light of the lack of rationale in June 2017 VA medical opinion, the Veteran’s arguments about adequacy, and the Veteran’s August 2018 correspondence, the Board finds that the Veteran is entitled to a new VA examination. Also in August 2018, the RO received documents in Spanish. On remand, these documents should be translated. The required translations should be performed prior to readjudication. The matter is REMANDED for the following action: 1. Obtain English translations of pages 7–8 of the non-government medical records received on August 7, 2018. 2. After obtaining translations, provide an examination and obtain a medical opinion regarding the nature and etiology of any acquired psychiatric disorder, including but not limited to cannabis use disorder previously diagnosed as an anxiety neurosis with paranoid features and the other disorders listed on the Veteran’s May 2017 and August 2018 claim forms. The examiner should review the entire claims file, including but not limited to the August 2018 filings submitted by the Veteran, conduct all necessary tests and studies, and provide the requested opinions. (a.) Identify all acquired psychiatric disorders currently present. (b.) Offer an opinion as to whether it is at least as likely as not (i.e., probability of 50 percent or more) that a current acquired psychiatric disorder, including cannabis use disorder previously diagnosed as an anxiety neurosis with paranoid features and the other disorders listed on the Veteran’s May 2017 and August 2018 claim forms, had its onset in service or was otherwise caused by an in-service disease or injury. (c.) Offer an opinion as to whether it is at least as likely as not that a current acquired psychiatric disorder had its onset within one year of the Veteran’s discharge from his period of active service. (d.) If a diagnosis of PTSD is warranted, the examiner should provide an opinion whether it is at least as likely as not (50 percent or greater probability) that PTSD is due to exposure to an actual confirmed stressor or the fear of hostile military or terrorist activity. Fear of hostile military or terrorist activity means that a Veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the Veteran or others, such as from an actual or potential improvised explosive device; vehicle-imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire, including suspected sniper fire; or attack upon friendly military aircraft, and the response to the event or circumstance involved the psychological or a psycho-physiological state of fear, helplessness, or horror. The examiner should provide a complete rationale for any opinions offered. If the examiner is unable to provide any requested opinion without resort to speculation, he or she should explain why this is so. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Cannon, Associate Counsel