Citation Nr: 20022065 Decision Date: 03/30/20 Archive Date: 03/30/20 DOCKET NO. 16-57 543 DATE: March 30, 2020 REMANDED Entitlement to service connection for depression is remanded. REASONS FOR REMAND The Veteran had active duty service from May 2004 to May 2010. This matter comes before the Board of Veterans’ Appeals (Board) from a rating decision issued by a Department of Veterans Affairs (VA) Regional Office. In August 2019, the Veteran testified during a videoconference hearing before a Veterans Law Judge. In February 2020, the Board notified the Veteran that the person who held the August 2019 hearing is no longer available to decide his claim. Although he was offered the opportunity to appear for another hearing before a Veterans Law Judge, the Veteran did not respond or otherwise indicate that he wished to appear for another hearing. The Veteran contends he suffers from depression as a result of his service. Service treatment records show an indication of depression in 2007, while on active duty. However, depression is otherwise negated throughout service. The Veteran has been diagnosed with and treated for depression. See VA treatment records. The Veteran was afforded a VA examination in March 2018 to determine the etiology of his depression. However, the medical opinion offered determined that the condition is less likely than not related to service. The rationale provided was that the Veteran does not currently have a diagnosed mental disorder. The opinion does not include any objective medical evidence or other rationale for the opinion rendered and therefore, probative weight cannot be assigned to the opinion. Thus, the March 2018 opinion is inadequate for adjudication purposes. The Board finds a VA medical examination and opinion is necessary prior to adjudicating this claim. Accordingly, this case is remanded for an additional opinion. The matters are REMANDED for the following action: 1. Obtain any outstanding medical treatment records and associate them with the claims file. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any psychiatric disorder present during the pendency of the claim, to include a depressive disorder. For all psychiatric disorders diagnosed during the pendency of the claim, the examiner must address the following: (a) Whether the disorder is at least as likely as not related to an in-service injury, event, or disease; and (b) Whether the disorder is at least as likely as not (1) proximately due to service-connected disability, or (2) aggravated beyond its natural progression by service-connected disability. The examiner must specifically speak to the Veteran’s current treatment for depression, as well as the indication of depression in the Veteran’s service treatment records. A complete and fully explanatory rationale must be provided for any opinion offered. If any opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge, i.e., no one could respond given medical science and the known facts, or by a deficiency in the record or the examiner, i.e., additional facts are required, or the examiner does not have the needed knowledge or training. DELYVONNE M. WHITEHEAD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ferrando 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.