Citation Nr: 18141987
Decision Date: 10/12/18	Archive Date: 10/12/18

DOCKET NO. 15-42 755
DATE:	October 12, 2018
REMANDED
Entitlement to service connection for acquired psychiatric disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1984 to May 1987. This matter comes before the Board on appeal from a December 2013 rating decision from the Department of Veterans’ (VA) Affairs Regional Office (RO). 
1. Entitlement to service connection for acquired psychiatric disorder is remanded.
The Veteran asserts that he has an acquired psychiatric disorder that is related to service. However, service treatment records (STRs) are silent as to any complaints of, treatment for, or diagnosis of a psychiatric disorder. 
The VA’s duty to assist includes providing a medical examination or obtaining a medical opinion when necessary to make a decision on the claim. See 38 C.F.R. § 3.159(c)(4). Such an examination or opinion is necessary to make a decision on a claim if all of the lay and medical evidence of record: (1) contains competent evidence that the claimant has a current disorder, or persistent or recurrent symptoms of a disorder; and, (2) indicates that the disorder or symptoms may be associated with the claimant’s active military, naval, or air service; but, (3) does not contain sufficient medical evidence for VA to make a decision on the claim. Id.; see McLendon v. Nicholson, 20 Vet. App. 79 (2006). The threshold for finding a link between the current disorder and the active military service is low for the purposes of obtaining a medical opinion. Locklear v. Nicholson, 20 Vet. App. 410 (2006); McLendon, 20 Vet. App. at 83
In the instant case the Veteran claims he is suffering from a major depressive disorder and has been in and out of outpatient treatment facilities to deal with depression and suicidal feelings. He asserts that his condition is a result of his time in service. Specifically, he contends that prior to service he never had any issues with depression, but that such depression began during his time in service and not only persisted but worsened as time passed. The record includes a November 2015 private medical statement indicating that the Veteran’s unspecified major depressive disorder more likely than not began in service and is also aggravated by the service-connected post-operative thoracotomy.  The opinion is not supported by adequate rationale.  There are several VA opinions that address the nexus to service or to service-connected disability.  A December 2017 VA opinion noted that mental health condition started in 1982, prior to active service and also indicated that depressive disorder appears to be related to general job responsibilities while serving in the military.  Clarification is needed with regard to the VA opinion and an additional VA examination should be conducted.  The matter is REMANDED for the following action:
1. Obtain any updated VA treatment records and associate them with the claims file.  
2. Schedule the Veteran for a VA psychiatric examination to determine the nature and etiology of any acquired psychiatric disorder. The record must be provided to the examiner.  Any indicated studies or diagnostic tests should be performed and all clinical findings must be reported in detail. After a review the claims file, the examiner should set forth an opinion as to whether it is at least as likely as not (probability of 50 percent or greater) that any currently diagnosed psychiatric disorder had its onset in service or is otherwise related any to any in-service disease, event, or injury. A rationale must be provided for all opinions.
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Luby, Associate Counsel