Citation Nr: 18155182 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 09-18 695 DATE: December 4, 2018 REMANDED Whether the character of the appellant’s discharge constitutes a bar to Department of Veterans Affairs (VA) compensation benefits is remanded. Entitlement to service connection for a left eye disability is remanded. Entitlement to service connection for an acquired psychiatric disorder, to include depression, is remanded. REASONS FOR REMAND The appellant served on active duty in the Army from January 1981 to March 1982. His personnel records show that he was discharged under conditions other than honorable in lieu of a trial by special court martial. See DD Form 214; see also Personnel records at p.5 and 10 of 43 (set III of IIX). These matters come before the Board of Veteran’s Appeals (Board) on appeal from an August 2008 rating decision by the Regional Office (RO).   1. Whether the character of the appellant’s discharge constitutes a bar to VA compensation benefits is remanded. The appellant served on active duty from January 1981 to March 1982. His DD Form 214 and personnel records show that the appellant was discharged from service under conditions other than honorable in lieu of a trial by special court martial. See DD Form 214; see also Personnel records at p.5 and 10 of 43 (set III of IIX). Recently, a September 2018 administrative decision shows the RO decided that the appellant’s discharge from service was due to persistent and willful misconduct, and therefore under dishonorable conditions that constitute a bar to VA compensation benefits. See 38 C.F.R. §3.12(a) and (d)(4) (2017). In November 2018, the appellant filed a notice of disagreement regarding the character of his discharge. To date, no Statement of the Case (SOC) has been issued. Therefore, the Board finds this matter should be remanded so that the appellant may be provided with a SOC relating to issue as to whether the character of his discharge constitutes a bar to VA compensation benefits. See Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). This issue should be returned to the Board after issuance of the SOC only if perfected by the filing of a timely substantive appeal. 2. Entitlement to service connection for a left eye disability is remanded. The appellant claims that he has a left eye disability due to his active service. In February 2018, the Board remanded the appellant’s claim so that a VA examination could be performed. A detailed background is provided in the February 2018 Board remand. Subsequently, a September 2018 VA examination (in-person) was performed, which VA examiner answered all of the questions posed by the Board. However, at this time, the Board will defer decision on the left eye disability claim pending the issuance of an SOC by the agency of original jurisdiction (AOJ) on the issue as to whether the character of the appellant’s service constitutes a bar to VA compensation benefits. 3. Entitlement to service connection for an acquired psychiatric disorder is remanded. The appellant also claims that he has an acquired psychiatric disorder, to include depression, due to his active service. In February 2018, the Board remanded the appellant’s claim so that copies of his personnel records could be obtained. A detailed background is provided in the February 2018 Board remand. Subsequently, the appellant’s service personnel records were associated with the claims file. Also, a September 2018 VA examination (in-person) was performed. The examiner diagnosed a major depressive disorder and opined that the appellant’s depression would decrease greatly if his claim for service connection for his left eye disability was decided, and if he was provided mental health treatment at the VA medical center. The examiner did not, however, provide an etiological opinion as to whether the appellant’s depression had its onset in service or was otherwise related to the appellant’s active service. Therefore, the Board finds that this matter should be remanded so that an addendum VA medical opinion may be obtained to address the etiology of the appellant’s major depressive disorder. The matters are REMANDED for the following action: 1. Obtain an addendum VA medical opinion from the same VA examiner who provided the September 2018 VA examination (mental) to clarify whether it is “at least as likely as not” (probability of 50 percent or more) that the appellant’s major depressive disorder diagnosed by the examiner had its onset in service or is otherwise related to the appellant’s active service. The claims folder must be provided to the examiner for review, including a copy of this remand. If the same VA examiner who prepared the September 2018 VA examination report is no longer available, obtain a medical opinion from a similarly qualified examiner. Any opinion must be accompanied by a complete rationale. 2. Issue the appellant an SOC with regard to whether the character of his discharge constitutes a bar to VA compensation benefits. The appellant should be informed of his appellate rights and of the actions necessary to perfect an appeal on this issue. Thereafter, the issue involving the character of his discharge is to be returned to the Board only if an adequate and timely substantive appeal is filed. (Continued on the next page)   3. Then, readjudicate the appellant’s claims for service connection for a left eye disability and for an acquired psychiatric disorder, to include depression. If any claim remains denied, the appellant should be provided a Supplemental Statement of the Case (SSOC). After the appellant has been given the applicable time to submit additional argument, the claim(s) should be returned to the Board for further review. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Juliano, Counsel