Citation Nr: 20007464
Decision Date: 01/30/20	Archive Date: 01/29/20

DOCKET NO. 14-16 983
DATE: January 30, 2020

REMANDED

Entitlement to service connection for mental health condition, to include PTSD is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1992 to July 2013, including service in the Southwest Asia theater of operations. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

This matter was last before the Board in April 2018 where it was remanded for additional development. 

1. Entitlement to service connection for mental health condition, to include PTSD is remanded.

While further delay is regrettable, the Board finds that additional development is needed prior to adjudicating the issue on appeal.

In April 2018, the Board remanded the Veteran’s claim to obtain a medical opinion as to whether his claimed psychiatric disability was incurred in or caused by service.  In an April 2019 VA examination, a VA examiner reviewed the evidence of record, but failed to provide the requested opinion because he determined the Veteran did not meet the diagnostic criteria for any psychiatric disorder.  However, the requirement that a veteran have a current disability before service connection may be awarded is satisfied if the veteran has a disability at the time the claim for disability compensation is filed or during the pendency of that claim.  McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).

In this case, the Veteran’s outpatient treatment records note he was prescribed Lorazepam to be taken as needed for anxiety or anger, and a November 13, 2014 VA treatment record noted a diagnosis of mood disorder, not otherwise specified. As the Veteran had a diagnosis of mood disorder during the pendency of his claim, the Board finds that a remand is necessary to obtain a VA medical opinion as requested in the April 2018 remand. See Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

1. Return the claims file to the April 2019 VA examiner, if available, to obtain a medical opinion on the claim for service connection. If that examiner is not available, the file should be provided to another qualified examiner. If   a new examination is needed to respond to the question presented one should be scheduled. After review of the claims file, the examiner should provide an opinion as to whether the mood disorder diagnosed in November 2014 VA treatment records, at least as likely as not (50 percent probability or greater) arose in service or is otherwise related to service. The fact that the Veteran does not    have a current diagnosis cannot be the basis for failing    to provide an opinion, unless the examiner feels the diagnoses of mood disorder in the record are erroneous and explains why. The examiner should provide the rationale for the conclusions reached.

 

2. If the claim remains denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	G. N. Wilson, 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.