Citation Nr: 18151519
Decision Date: 11/19/18	Archive Date: 11/19/18

DOCKET NO. 16-46 884
DATE:	November 19, 2018
REMANDED
Entitlement to service connection for depression/temper flair, including as secondary to a service-connected kidney disability, is remanded.
Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1969 to December 1970.
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a February 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).
In December 2014, a VA examiner opined that the Veteran’s description of depression/temper flair symptoms were reported to have begun in recent years, and as a result the VA examiner could not attribute these symptoms to the Veteran’s service-connected posttraumatic stress disorder (PTSD).  The VA examiner did not address the Veteran’s contention that his depression/temper flair symptoms were secondarily caused by the Veteran’s service-connected kidney disability.  Accordingly, on remand the Agency of Original Jurisdiction (AOJ) should obtain an addendum opinion regarding the nature and etiology of the Veteran’s depression/temper flair symptoms, to include consideration of a theory of secondary service connection based on the Veteran’s service-connected kidney disability.
The Board finds the Veteran’s claim for TDIU is inextricably intertwined with the remanded claim for service connection for depression/temper flair.  See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991).  
The matters are REMANDED for the following action:
1. The AOJ should contact the Veteran and his representative and request their assistance in identifying any outstanding relevant records.  The AOJ should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran’s claims file.
2. After obtaining all identified outstanding records and associating them with the Veteran’s claims file, the AOJ should obtain an opinion from an appropriate examiner regarding the etiology of the Veteran’s depression/temper flair symptoms.  It is up to the discretion of the examiner as to whether a new examination is necessary to provide an adequate opinion.
The examiner should opine whether the depression/temper flair symptoms are at least as likely as not (50 percent or greater probability) caused by or related to the Veteran’s military service.  
The VA examiner should opine whether the depression/temper flair symptoms are at least as likely as not (50 percent or greater probability) caused or aggravated by the Veteran’s service-connected kidney disability. 
Aggravation indicates a worsening of the underlying condition as compared to an increase in symptoms.  If aggravation is found, the examiner should attempt to quantify the extent of additional disability resulting from the aggravation.
The complete rationale for all opinions should be set forth.
3. After completing the above action and any other necessary development, the claims must be readjudicated.  If a claim remains denied, a Supplemental Statement of the Case must be provided to the Veteran and current representative.  After the Veteran has had adequate opportunity to respond, the appeal must be returned to the Board for appellate review.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	N. Keogh, Associate Counsel