Citation Nr: 18158196 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 16-42 916 DATE: December 14, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder, is remanded. REASONS FOR REMAND The Veteran had active service from April 1977 to July 1984. 1. Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder, is remanded. The Veteran has been diagnosed with chronic depression; however, there is no evidence of an in-service event, injury, or diagnosis related to the Veteran’s mental health. In his substantive appeal, the Veteran acknowledged the lack of in-service complaint or treatment for his mental health, explaining that he did not seek treatment because he did not wish to be labeled or stigmatized as a result of his mental health condition at the time. He nevertheless contends that he has an acquired psychiatric disorder, to include major depressive disorder, that was caused by or was incurred during service. VA treatment notes of record begin in January 2012, almost 30 years after the Veteran’s service separation, and indicate that the Veteran was diagnosed with chronic depression with history of suicide attempts and anxiety attacks. However, in November 2013, the Veteran reported experiencing symptoms of depression since the early to mid -1980s. He has consistently reported the 30-year history depression since that time. In a December 2013 statement the Veteran’s sister reported that the Veteran’s mental health symptoms were present during his active service, including depression and suicidal behavior. She suspected the Veteran’s mental health was a factor in his separation from service. The statement included a detailed description of a family history of mental illness and tragedy described as triggering or causing the Veteran’s issues. While the lay evidence record of the Veteran’s mental health history is competent, it does not offer a credible medical opinion concerning the etiology of the Veteran’s depression. As such, an examination and medical opinion is necessary to determine the etiology of the Veteran’s chronic depression before this matter can be properly adjudicated. Accordingly, a remand is necessary to obtain an appropriate evaluation and opinion concerning whether the Veteran’s current chronic depression was incurred in, or is otherwise related to his active service. The matter is REMANDED for the following action: 1. Obtain any outstanding VA treatment records regarding the Veteran’s mental health. Contact the Veteran to determine whether there are any additional relevant private treatment records and obtain any necessary authorizations for such records. 2. Then, schedule the Veteran for a VA examination to determine the nature and etiology of an acquired psychiatric disorder, to include depression and anxiety. The claims file and a copy of this remand must be provided to the examiner and he or she must indicate review of these items in the examination report. The examiner should address the following: a) Identify/diagnose any acquired psychiatric condition that presently exists or that has existed during the appeal period, including depression and anxiety. b) For each psychiatric diagnosis found, the examiner should provide an opinion as to whether it is at least as likely as not (a 50 percent, or greater, likelihood) that the current acquired psychiatric disorder(s) was(were) incurred or aggravated during the Veteran’s service or as a result of an incident or stressor during the Veteran’s service. A complete rationale for any opinion expressed must be provided. An examiner’s report that he or she cannot provide an opinion without resort to speculation is inadequate unless the examiner provides a rationale for that statement. As such, if the examiner is unable to offer an opinion, it is essential that the examiner provide a rationale for the conclusion that an opinion could not be provided without resort to speculation, together with a statement as to whether there is additional evidence that could enable an opinion to be provided or whether the inability to provide the opinion is based on the limits of medical knowledge. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M.E. Lee, Associate Counsel