Citation Nr: 20021493 Decision Date: 03/26/20 Archive Date: 03/26/20 DOCKET NO. 14-12 249 DATE: March 26, 2020 REMANDED Entitlement to service connection for depression, to include as secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1974 to September 1977. As an initial matter, the RO issued a Statement of the Case (SOC) on March 18, 2020, on claims for increased ratings for the Veteran’s service-connected cervical spine disability, lumbar spine disability, and radiculopathy of the sciatic and femoral nerves of the bilateral lower extremities. An appeal has not yet been filed, so the Board does not have jurisdiction over these claims. The Veteran had a hearing pertaining to his claim for service connection for depression before the undersigned Veterans Law Judge (VLJ) in August 2014. In September 2014, the claim was remanded for development. In an April 2017 Report of General Information, the Veteran requested an in-person hearing with a member of the Board for his appeal notice of disagreement dated November 15, 2010. However, the Veteran already had a hearing pertaining to his claim for service connection for depression before the undersigned Veterans Law Judge (VLJ) in August 2014. VA regulations do not obligate VA to provide more than one Board hearing for the same substantive appeal, unless certain exceptions exist which are not shown here, such as more than one hearing has been held before different VLJs, or the VLJ that held the hearing is no longer available to decide the case, or a Board denial that has been appealed to the United States Court of Appeals for Veterans Claims has been vacated and remanded back to VA. As a hearing has already been conducted regarding this issue and no good cause has been shown to grant the Veteran’s request for a second hearing with respect to his depression claim, the Board finds that the request must be denied. All other claims discussed in the August 2014 hearing were decided by the Board in September 2014, so there is no outstanding hearing request on those issues. However, the Board notes that the Veteran also has a claim for entitlement to a total disability evaluation based on individual unemployability due to service-connected disabilities (TDIU) pending at this time. As the Veteran has not been provided a hearing before a VLJ for this matter, the issue of entitlement to TDIU will be addressed in a separate determination, after the Veteran’s requested hearing has been held. That appeal has been forwarded to the Board’s hearing team to schedule him for a hearing. Entitlement to service connection for depression, to include as secondary to service-connected disabilities, is remanded. In September 2014, the issue on appeal was remanded by the Board in part to obtain a VA medical opinion as to whether the Veteran’s current psychiatric disorder, to include adjustment disorder with depressed mood, was caused or aggravated by a service-connected disability, to specifically include the Veteran’s service-connected neck and back disabilities. In April 2015, a VA medical opinion was obtained, in which the examiner diagnosed the Veteran with substance-induced depressive disorder. The examiner determined that, based on the totality of the records, the Veteran’s currently diagnosed substance-induced depressive disorder is less likely than not related to military service or his service-connected back and neck pain. Documents note long-standing substance abuse with no indication that military service aggravated or caused this condition/addiction. Early treatment notes document triggers for use primarily as family issues, legal issues, and finances. Based on evaluation, there is no sufficient evidence to meet diagnostic criteria for an adjustment disorder. The Board finds that the April 2015 VA opinion is inadequate to decide this claim at this time. While the Board appreciates the examiner’s opinion, there was no rationale as to why she reached her conclusion. The examiner noted that the evidence documents triggers for his substance abuse as including family issues, legal issues, and finances. However, the examiner did not provide a rationale for the finding that the Veteran’s service-connected neck and back disabilities do not aggravate his depressive disorder in any way. As such, an addendum opinion should be obtained in this case. The matter is REMANDED for the following action: 1. Associate with the claims file all outstanding treatment records from the Central Arkansas Veterans Healthcare System from April 2019 to the present. 2. Obtain an addendum medical opinion regarding the etiology of the Veteran’s claimed psychiatric disability. Upon review of the claims file, the examiner should opine as to whether it is at least as likely as not that the Veteran’s current psychiatric disorder (to include adjustment disorder with depressed mood, substance-induced depressive disorder, depression, borderline personality disorder, or any other psychiatric disorder of record) was caused or aggravated by his service or by a service-connected disability, to specifically include the Veteran’s service-connected neck and back disabilities. The examiner is advised that noting some incidents that serve as triggers for the Veteran’s substance abuse does not adequately address why the Veteran’s service-connected back and neck disabilities could not also cause or aggravate a diagnosed psychiatric disability.   The examiner should provide a complete rationale for any opinions provided. If additional examination is needed to render the above-requested opinion, such should be provided. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Durham, 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.