Citation Nr: 18128233 Decision Date: 08/21/18 Archive Date: 08/21/18 DOCKET NO. 14-20 649A DATE: August 21, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder, personality disorder, and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1969 to December 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board notes that the Veteran also had claims for entitlement to service connection for bilateral hearing loss and entitlement to service connection for tinnitus. These claims were initially denied in a May 2012 rating decision. Following a VA examination in May 2014, the RO granted these claims in a May 2014 rating decision. The Veteran appealed the disability rating in a July 2014 notice of disagreement. The RO issued a statement of the case regarding these claims in February 2016. The Board notes that the Veteran has not appealed this statement of the case. Therefore, the increased rating claims for bilateral hearing loss and tinnitus are not currently on appeal before the Board. The United States Court of Appeals for Veterans Claims (Court) held that the scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and the other information of record. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Therefore, the issue has been recharacterized as shown on the title page and encompasses all reasonably related acquired psychiatric disability, to include depressive disorder, personality disorder, and posttraumatic stress disorder (PTSD). Entitlement to service connection for an acquired psychiatric disorder, to include depressive disorder, personality disorder, and posttraumatic stress disorder (PTSD) is remanded. In a September 1970 service treatment record, the Veteran was diagnosed with passive aggressive personality disorder. It was noted that based on the extremely longstanding nature of his problem and his poor relatability to other persons, the prognosis for much improvement in his condition was not good. In a January 2012 private treatment record, the private physician noted that the Veteran’s passive aggressive personality disorder, which was diagnosed in service, persisted to the present and should qualify as service-connected. Additionally, the private physician determined that the Veteran also suffered from PTSD, which was more likely than not directly and causally related to service. In a separate January 2012 private treatment record, the Veteran was diagnosed with depressive disorder not otherwise specified, alcohol abuse, and personality disorder not otherwise specified. Therapy, psychiatric evaluation, and treatment were recommended. A nexus opinion was not provided. In a May 2014 VA examination, the examiner did not find a PTSD diagnosis or any other mental health disorder. The examiner opined that the condition claimed was less likely than not incurred in or caused by the claimed in-service injury, event or illness because the Veteran did not meet the criteria for any mental health disorder. The examiner based his opinion on clinical experience and research, clinical interview data, DSM-V criteria, behavioral observation, and supporting service and medical records. While the May 2014 VA examination provided an opinion as to the Veteran’s acquired psychiatric disorder, the examination failed to discuss why he disagreed with the Veteran’s previous diagnoses for depressive disorder, and personality disorder (though he did explain why he disagreed with a prior PTSD diagnosis by a chiropractor). The examiner also failed to discuss the in-service diagnosis of passive aggressive personality disorder. The Board finds that a supplemental opinion discussing the Veteran’s previous diagnoses is necessary. Specifically, an opinion must be obtained explaining any conflicting diagnoses and/or treatment for the Veteran’s psychiatric conditions. The matter is REMANDED for the following actions: 1. Obtain any outstanding VA or private treatment records. Request that the Veteran assist with locating these records, if possible. Associate these records with the claims file. 2. Then, forward the claims file and a copy of this remand to the May 2014 VA examiner, if available, or an appropriate substitute, to provide a supplemental opinion in regard to entitlement to service connection for a psychiatric disorder. The examiner is requested to furnish an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran currently has any acquired psychiatric disorder, to include depressive disorder, personality disorder, and PTSD, related to his service. A clear rationale must be provided for all opinions expressed. The examiner must explain any conflicting diagnosis and/or treatment with regard to the Veteran’s psychiatric condition. In particular, if the examiner disagrees with any of the diagnoses shown in the Veteran’s treatment records, he must explain why. If an opinion cannot be provided without an examination, schedule the Veteran for such examination. 3. Thereafter, readjudicate the claim on appeal. If the benefit sought remains denied, issue the Veteran and his representative a supplemental statement of the case and provide a reasonable opportunity to respond before returning the matter to the Board for further appellate review. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Saudiee Brown, Associate Counsel