Citation Nr: 18154346 Decision Date: 11/29/18 Archive Date: 11/29/18 DOCKET NO. 17-55 606 DATE: November 29, 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 from June 1981 to June 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in February 2017 by a Department of Veterans Affairs (VA) Regional Office. The Board notes that the Veteran also initiated an appeal of the denial of his application to reopen a previously denied claim for service connection for a back disorder; however, in May 2018, such appeal was withdrawn by virtue of the Veteran’s election to participate in a higher level of review under the Rapid Appeals Modernization Program as part of the implementation of the Veterans Appeals Improvement and Modernization Act of 2017. Therefore, such claim is not properly before the Board. Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected tinnitus. The Veteran claims that he has an acquired psychiatric disorder related to an in-service motor vehicle accident that occurred in the summer of 1983 in Germany or, in the alternative, as caused or aggravated by his service-connected tinnitus. As an initial matter, the Board notes that the Veteran’s service treatment records are negative for any complaints, treatment, or diagnosis referable to an acquired psychiatric disorder or residuals of an in-service motor vehicle accident. Further, in December 2016, after inquiring with the Joint Services Records Research Center and National Archives and Records Administration, VA determined that it was unable to corroborate the Veteran’s stressor. Consequently, there is no verified in-service event to which to relate the Veteran’s acquired psychiatric disorder. However, the record reflects current diagnoses of generalized anxiety disorder (GAD) and major depression, and the Veteran is service-connected for tinnitus. Furthermore, in an April 2017 statement, his treating physician, Dr. Hoeper, opined that it was as likely as not that his service-connected bilateral hearing loss and tinnitus exacerbated his anxiety disorder/major depression. However, the Board notes that the Veteran is not service-connected for bilateral hearing loss and, further, Dr. Hoeper did not provide a rationale for his opinion. Consequently, such is inadequate to establish service connection for the Veteran’s acquired psychiatric disorder on a secondary basis. However, in light of the foregoing, the Board finds that a remand is necessary in order to afford the Veteran a VA examination in order to address such matter. While on remand, the Veteran should be provided with proper notice of the information and evidence necessary to substantiate his claim on a secondary basis. The matter is REMANDED for the following action: 1. The Veteran should be provided with proper VCAA notice regarding the evidence and information necessary to substantiate his claim of entitlement to service connection for an acquired psychiatric disorder as secondary to his service-connected tinnitus. 2. Afford the Veteran an appropriate VA examination to determine the nature and etiology of his acquired psychiatric disorder. The record, to include a complete copy of this remand, must be made available to the examiner, and all indicated tests and studies should be accomplished. The below inquiries should be addressed: (A) Identify all current acquired psychiatric disorders, to include GAD and major depression, that meet the DSM-5 criteria and have been present at any time proximate to the Veteran’s February 2016 claim, even if such has resolved or is asymptomatic. (B) For each currently diagnosed acquired psychiatric disorder, offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such is caused or aggravated by the Veteran’s service-connected tinnitus. For any aggravation found, the examiner should state, to the best of their ability, the baseline of symptomatology and the amount, quantified if possible, of aggravation beyond the baseline symptomatology. The rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. George