Citation Nr: 20002152 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 17-00 390 DATE: January 9, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected left knee disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 2000 to January 2001 in the Army and September 2006 to May 2007 in the Air Force. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. At such time, he waived Agency of Original Jurisdiction (AOJ) consideration of the evidence associated with the record since the issuance of the November 2016 statement of the case. 38 C.F.R. § 20.1304(c). Further, while additional evidence has been received since the July 2019 Board hearing, there is no prejudice to the Veteran in proceeding with the adjudication of his claim at the present time as the AOJ will have an opportunity to consider such in the readjudication of his claim on remand. Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected left knee disability. The Veteran contends that, while he was treated prior to service for attention deficit/hyperactivity disorder (ADHD), such condition fully resolved and his current acquired psychiatric disorder had its onset during service as a result of a left knee injury. In this regard, he reported that he was disappointed to lose his military career as a result of such injury and had been treated poorly while in medical hold awaiting discharge. In the alternative, the Veteran claims that his service-connected left knee disability, which has increased in severity over time and results in limitation of activity and falls, caused or aggravated his acquired psychiatric disorder. As an initial matter, the Board notes that the Veteran’s VA treatment records reflect diagnoses of major depressive disorder and unspecified anxiety disorder. While such also show a diagnosis of a personality disorder, such is not a disease for which service connection can be granted. 38 C.F.R. § 3.303(c); Beno v. Principi, 3 Vet. App. 439, 441 (1992). Furthermore, while a VA examiner offered adequate and thorough opinions finding that the Veteran’s major depressive disorder clearly and unmistakably existed prior to service and was clearly and unmistakably not aggravated therein in May 2014 and October 2016, she did not address the etiology of his subsequently diagnosed unspecified anxiety disorder, or offer an opinion as to whether the Veteran’s major depressive disorder was aggravated by the post-service worsening of his service-connected left knee disability, which has limited his activities and results in falls. In this regard, in August 2014, the Veteran’s treating VA psychologist reported that such service-connected disability continued to be a significant factor in his ongoing depression. Therefore, a remand is necessary in order to obtain an addendum opinion addressing such matters. The matter is REMANDED for the following action: Return the record to the VA examiner who offered the May 2014 and October 2016 opinions as to the etiology of the Veteran’s claimed acquired psychiatric disorder. The record and a copy of this Remand must be made available to the examiner. If the May 2014/October 2016 VA examiner is not available, the record should be provided to an appropriate medical professional so as to render the requested opinion. The need for an additional examination of the Veteran is left to the discretion of the clinician selected to write the addendum opinion. Following a review of the record, the examiner should address the following inquiries: (A) Is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s currently diagnosed unspecified anxiety disorder had its onset in, or is otherwise related to, his military service, to include his in-service left knee injury, which resulted in the loss of his military career and poor treatment while in medical hold awaiting discharge? (B) Is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s currently diagnosed unspecified anxiety disorder is caused or aggravated by the post-service worsening of his service-connected left knee disability, which has limited his activities and results in falls? 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. (C) Is it at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s currently diagnosed major depressive disorder is aggravated by the post-service worsening of his service-connected left knee disability, which has limited his activities and results in falls? 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. In offering the foregoing opinion, the examiner should consider the Veteran’s treating VA psychologist report in August 2014 that the Veteran’s service-connected left knee disability continued to be a significant factor in his ongoing depression. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.B. English, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.