Citation Nr: 18152648 Decision Date: 11/23/18 Archive Date: 11/23/18 DOCKET NO. 16-40 509 DATE: November 23, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected tinnitus, is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Air Force from May 1982 to June 1983. The Board has recharacterized the Veteran’s claims for posttraumatic stress disorder (PTSD) and depression more broadly to an acquired psychiatric disorder in order to clarify the nature of the benefit sought and ensure complete consideration of the claim. Clemons v. Shinseki, 23 Vet. App. 1, 5-6, 8 (2009). Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected tinnitus The Veteran claims entitlement to service connection for an acquired psychiatric disorder. Specifically, the Veteran contends that his current depressive disorder is caused or aggravated by his service-connected tinnitus. The Veteran asserts that the persistent ringing in his ears causes difficulty communicating with others and has led to his depression. Service connection may be established on a secondary basis for a disability which is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a nonservice-connected disability which is aggravated by a service-connected disability. In such an instance, the Veteran may be compensated for the degree of disability over and above the degree of disability existing prior to the aggravation. 38 C.F.R. § 3.310(b); see Allen v. Brown, 7 Vet. App. 439, 448 (1995). Service connection may also be established for disability resulting from personal injury suffered or disease contracted in line of duty in the active military, naval, or air service. 38 U.S.C. § 1131. Review of VA treatment records shows the Veteran he has been receiving treatment for depression since March 2015. In addition, a June 2015 VA mental disorder examination confirms the Veteran’s current diagnosis of persistent depressive disorder. The Board finds that, at present, the record contains insufficient medical evidence to determine if the Veteran’s current depressive disorder was caused or aggravated by his service-connected tinnitus. Following the above-referenced June 2015 VA mental disorder examination, the examiner opined that it was less likely than not that the Veteran’s current depressive disorder was proximately due to his service-connected tinnitus. The examiner reasoned that the Veteran had shown symptoms of depressive disorder prior to joining the United States Air Force. However, the medical opinion failed to address if the Veteran’s depressive disorder was aggravated beyond its natural progression by his service-connected tinnitus. See 38 C.F.R. § 3.310. Moreover, service connection on a direct basis pursuant to the Veteran’s asserted in-service assault events have not been addressed by a VA examiner. Accordingly, additional medical opinions are needed on a direct basis and on a secondary basis regarding aggravation before the Board can comprehensively evaluate the Veteran’s claim on appeal. The matter is REMANDED for the following actions: 1. Return the Veteran’s claims file to the examiner who conducted the June 2015 VA mental disorder examination so a supplemental opinion may be provided. If that examiner is no longer available, provide the Veteran’s claims file to a similarly qualified clinician. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. A new examination is only required if deemed necessary by the examiner. Although an independent review of the claims file is required, the Board calls the examiner’s attention to the following: The Veteran reported in-service assault events in a March 2015 VA Form 21-0781a and at the June 2015 VA mental disorder examination. The examiner must opine as to the following: (a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s acquired psychiatric disorder (diagnosed as persistent depressive disorder even if since resolved) began during active service or is related to an incident of service, to include the Veteran’s reported in-service assault events. (b.) Whether it is at least as likely as not that the Veteran’s acquired psychiatric disorder (diagnosed as persistent depressive disorder even if since resolved) was aggravated beyond its natural progression by his service-connected tinnitus. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 2. Then, review the medical opinions and examination report (if provided) to ensure that the requested information was provided. If any opinion or report is deficient in any manner, the RO must implement corrective procedures. 3. After all completed development, the AOJ should then readjudicate the claim. If the benefit sought on appeal is not granted, the Veteran should be provided a Supplemental Statement of the Case and afforded the requisite opportunity to respond. Then, return the case to the Board. T. Blake Carter Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Riordan, Associate Counsel