Citation Nr: 20005690 Decision Date: 01/23/20 Archive Date: 01/23/20 DOCKET NO. 15-34 094 DATE: January 23, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disability is remanded. REASONS FOR REMAND The Veteran had active military service from February 1980 to July 1982. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an August 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana. The Veteran, his wife, daughter, and a peer support specialist, testified at a video conference hearing before the undersigned Veterans Law Judge of the Board in October 2018. A transcript of the hearing has been associated with the claims file. This case was most recently before the Board in March 2019, at which time the appeal was remanded for further development. The case has now been returned to the Board for appellate action. The Board finds that additional development is required before the claim on appeal is decided. Service Connection – Acquired Psychiatric Disability In March 2019, the Board directed that the Veteran be afforded a VA examination to determine the nature and etiology of any currently present psychiatric disability. A review of the record shows that the Veteran was afforded the directed VA examination in August 2019. A review of the August 2019 VA examination report shows that the examiner opined the Veteran’s acquired psychiatric disability was less likely than not etiologically related to his active service. In that regard, the August 2019 examiner noted that there was insufficient evidence to support that the Veteran’s schizoaffective disorder was incurred in or caused by his stressor statement or other experiences during his service. The examiner noted that the Veteran had a traumatic childhood and noted legal and behavioral problems that began prior to service. Then, the examiner noted that there was insufficient evidence to support that the Veteran had a mental health condition prior to his enlistment. The examiner noted the Veteran’s personnel file was unavailable for review, but noted that there was evidence of a decline in performance during active service. The Board finds the August 2019 VA examination opinion inadequate to decide the claim. In this regard, the Board notes that the VA examiner did not address the Veteran’s lay statements and contentions regarding the onset and continuity of his symptoms, nor did the examiner provide supporting rationale for the conclusions reached. Moreover, the examiner failed to adequately address and/or identify all psychiatric disabilities present during the pendency of the claim, and proximate thereto; and failed to adequately provide an opinion as to whether any diagnosed psychiatric disability clearly and unmistakable existed prior to the Veteran’s active service, and if so, was clearly and unmistakably not aggravated by such service. Therefore, the development conducted does not adequately comply with the directives of the March 2019 remand. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998). Accordingly, the Veteran should be afforded a new VA examination to determine the nature and etiology of any currently acquired psychiatric disability. Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issue on appeal. The matters are REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Conduct the appropriate development to identify and obtain any outstanding service personnel records and associate them with the claims file. 3. Then, schedule the Veteran for a VA examination by a psychiatrist or a psychologist with appropriate expertise, who has not previously examined the Veteran or provided an opinion in the appeal, to determine the nature and etiology of any currently present acquired psychiatric disabilities. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed. Based on the examination results and a review of the record, the examiner should first identify all psychiatric disabilities present during the pendency of the claim, and proximate thereto. Then, for each identified psychiatric disability, the examiner should provide an opinion as to whether such disability clearly and unmistakably existed prior to the Veteran’s active service, and if so, was clearly and unmistakably NOT aggravated by such service. The examiner should note that the Veteran’s lay statements alone are not a sufficient basis to support a finding that a disability clearly and unmistakably existed prior to service. With regard to any diagnosed psychiatric disability NOT found to clearly and unmistakably exist prior to the Veteran’s active service, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any such disability had its onset during active service, or is otherwise etiologically related to such service. The rationale for all opinions expressed must be provided. 4. Confirm that the VA examination report and all opinions provided comport with this remand, and undertake any other development found to be warranted. 5. Then, readjudicate the issue on appeal. If the decision remains adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Mariah N. Sim, 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.