Citation Nr: 20004971 Decision Date: 01/23/20 Archive Date: 01/22/20 DOCKET NO. 16-39 969 DATE: January 23, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran, who is the appellant in this case, served on active duty for training (ACDUTRA) from February 1987 to May 1987 and was discharged under honorable conditions. He also had unverified Reserve component service. The Veteran served on active duty from October 1988 to May 1990, but received a discharge of "under other than honorable conditions” for this period. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The appellant is a "Veteran" based on his honorable service from February 1987 to May 1987 only. See generally 38 U.S.C. §§ 101, 5303; 38 C.F.R. §§ 3.1, 3.12. His "other than honorable" discharge for his subsequent service from October 1988 to May 1990, unless upgraded, precludes considering him as a "Veteran" for that additional service. See Administrative Decision approved in August 2012. In November 2018, the Board remanded this appeal for additional development. Unfortunately, further development is necessary prior to adjudicating the merits of this appeal. 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. Once VA undertakes the effort to provide an examination when developing a service-connection claim, even if not statutorily obligated to do so, it must provide an adequate one. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). In April 2019, the Veteran was afforded a VA mental disorders examination. The VA examiner opined that the Veteran’s diagnosed depressive disorder started in 2014 and is secondary to the diagnosed alcohol use disorder and multiple major and pain related medical conditions, however not to more minor medical conditions such as the sinusitis, headaches, and left index finger tenosynovitis and scars (i.e., his service-connected disabilities). In addition, the VA examiner opined that the Veteran’s depressive disorder is not aggravated by the service-connected sinusitis, headaches, and left index finger tenosynovitis and scars, “because the aggravation has not caused the condition to become worse beyond natural progression.” However, the opinions are rather conclusory; adequate rationale was not provided to support either opinion. Therefore, the Board finds these nexus opinions to be inadequate, and remand is necessary to obtain an addendum opinion as to the etiology of the Veteran's acquired psychiatric disorders, to include depressive disorder. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion from the VA examiner that conducted the April 2019 VA examination, or a suitable substitute. A new examination is only required if deemed necessary by the examiner. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. All opinions should only be based on the Veteran’s first period of service, from February 1987 to May 1987, which his only period of service that is honorable for VA purposes. The examiner should provide the following opinions: a. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s diagnosed depressive disorder is related to or caused by service. b. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s diagnosed depressive disorder is related to or caused by his service-connected disabilities, to include obstructive sleep apnea, sinusitis with headache symptom, left index finger tenosynovitis, and a left index finger scar. c. Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s diagnosed depressive disorder is aggravated by his service-connected disabilities, to include obstructive sleep apnea, sinusitis with headache symptom, left index finger tenosynovitis, and a left index finger scar. Although an independent review of the claims file is required, the Board calls the examiner’s attention to the following: a. The February 2017 dated letter from Y.P., the Veteran’s cousin, stating that the Veteran was a smart, happy, even-tempered and outgoing child before he entered service. b. The August 2017 opinion of Dr. H.H-G. finding that the Veteran’s depression more likely began in service and is aggravated by his sinusitis. c. The Veteran’s October 2019 statement. A thorough explanation must be provided for all opinions rendered. 2. Then, readjudicate the issue on appeal. S. B. MAYS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Thomas, 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.