Citation Nr: 18158876 Decision Date: 12/18/18 Archive Date: 12/18/18 DOCKET NO. 12-27 064 DATE: December 18, 2018 ORDER Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and substance abuse-induced mood disorder with depressive symptoms is denied. FINDING OF FACT The preponderance of the evidence is against finding that the Veteran’s acquired psychiatric disorder began during active service or is otherwise related to service. CONCLUSION OF LAW The criteria for service connection for an acquired psychiatric disorder, to include PTSD and substance abuse-induced mood disorder with depressive have not been met. 38 U.S.C. § 1110, 1112, 1113, 5107 (2012); 38 C.F.R. § 3.102, 3.303, 3.307, 3.309 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from March 1969 to December 1971. The claim has been remanded three times by the Board, most recently in June 2018 to afford the Veteran an examination. Where a claimant fails to appear, without good cause, for an examination that is scheduled in conjunction with an original compensation claim, “the claim shall be rated based on the evidence of record.” 38 C.F.R. § 3.655 (b). The Veteran did not report to a VA examination scheduled for October 2018. The failure to report was noted in the October 2018 supplemental statement of the case (SSOC) which was provided to the Veteran and his representative. The Board has decided the claim based on the evidence of record. The Veteran claims that his psychiatric disorder is related to service. He initially claimed entitlement to service connection for PTSD, but the claim was expanded to include all acquired disorders, including PTSD, noted in the records. Clemons v. Shinseki, 23 Vet. App. 1 (2009). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the record includes diagnoses of substance abuse, mood disorder and depression, the preponderance of the evidence is against finding that those disorders began during active service, or are otherwise related to an in-service injury, event, or disease. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a), (d). As an initial matter service connection on a direct basis for substance abuse is precluded by law. Direct service connection for a disability that is a result of a claimant’s own abuse of alcohol or drugs (a substance abuse disability) is precluded for purposes of all VA benefits for claims filed after October 31, 1990 because it is considered willful misconduct. VAOPGCPREC 7-99, 64 Fed. Reg. 52,375 (1999); see also VAOPGCPREC 2-98, 63 Fed. Reg. 31,263 (1998). VA General Counsel precedent opinions are binding on the Board. Brooks v. Brown, 5 Vet. App. 484 (1993). Therefore, service connection for substance abuse as directly related to active duty service must be denied as a matter of law. The Veteran is not service connected for any disability, so consideration of service connection on a secondary basis is not warranted. 38 C.F.R. § 3.310; see also Allen v. Principi, 237 F.3d 1368 (Fed. Cir. 2001). Psychiatric evaluation was normal on enlistment examination in March 1969 and separation examination in December 1971. There are no findings or complaints related to psychiatric disorders in the service treatment records, there is no evidence of a chronic disability in service or within one year, and no corroborating evidence relates the disorders to an in-service event. The first indication of any psychological disorder was noted in a VA medical examination in May 2011 when a diagnosis of alcohol abuse and substance induced mood disorder were noted by the examiner but not related to his military service. That examiner specifically noted that the diagnostic criteria for PTSD were not met, but did not provide an etiology opinion as to the etiology of diagnosed depressive symptoms. The Board remanded the claim in June 2018 for the specific purpose of obtaining such an opinion, but the failed to report for that examination. VA treatment records include diagnoses of depression and anxiety, but do not indicate whether the currently diagnosed disorders are related to service. See November and December 2016 and June 2018 records. The only other evidence in support of the claim is the Veteran’s lay assertions. The etiology of a psychological disorder is outside the realm of common knowledge of a lay person because it involves complex medical issues that go beyond a simple and immediately observable cause-and-effect relationships. See Kahana v. Shinseki, 24 Vet. App. 428 (2011); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The competent and credible evidence shows that the Veteran’s disorders were not incurred in service and are not otherwise related to service. The preponderance of the evidence is against the claim and service connection for the disorders is not warranted. 38 U.S.C § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Kristen M., Associate Counsel