Citation Nr: 18145444
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 08-38 903
DATE:	October 29, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Army from June 1978 to July 1981.
This case comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio.
The matter was previously before the Board in September 2017, at which time service connection for an acquired psychiatric disorder was denied.  The Veteran appealed the matter to the Court of Appeals for Veterans’ Claims (Court), which, pursuant to a Joint Motion for Remand, returned the matter to the Board.
1. Entitlement to service connection for an acquired psychiatric disorder is remanded.
The Veteran has not been afforded an adequate VA examination in connection with this claim.  The examiner with whom the Veteran met in December 2015 failed adequately to acknowledge or discuss the Veteran’s psychiatric diagnoses of record, including the diagnosis of depressive disorder NOS found in VA treatment records.  While the December 2015 VA examiner explained the Veteran is not currently beset by major depression, he did not reconcile this finding with the aforementioned diagnosis of record.
Accordingly, on remand, a new examination must be scheduled, and a medical opinion obtained exploring the etiology of the Veteran’s currently diagnosed psychiatric disorder or disorders.
The matter is REMANDED for the following action:
1. Identify and obtain any outstanding VA and private treatment records that are not already associated with the claims file.
2. After the preceding development is completed, the AOJ should schedule the Veteran for a VA examination to determine the nature and etiology of any psychiatric disorder that may be present.  Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed.  
The examiner is requested to review all pertinent records associated with the claims file, including the Veteran’s service treatment records, post-service medical records, and statements.
It should be noted that the Veteran is competent to attest to factual matters of which he had first-hand knowledge, including observable symptomatology.  If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation.
The examiner should identify all current psychiatric disorders.  For each diagnosis identified, the examiner should state whether it is at least as likely as not (a 50 percent or greater probability) that the disorder manifested in or is otherwise related to the Veteran’s military service, including any symptomatology therein.  
Should the examiner determine that the Veteran is not currently beset by depressive disorder, he or she must reconcile that finding with the Veteran’s treatment records noting the presence of that disorder.
3.  Review the examination report to ensure that it is in complete compliance with the directives of this remand.  If a report is deficient in any manner, the AOJ must implement corrective procedures.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  
4. After completing the above actions, if the claim remains denied, a supplemental statement of the case must be provided to the Veteran and his representative.  
 
GAYLE STROMMEN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Z. Sahraie, Associate Counsel