Citation Nr: 20022570
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 16-13 810
DATE: April 1, 2020

REMANDED

Entitlement to service connection for a psychiatric disability, to include as secondary to a service-connected disability, is remanded.

REASONS FOR REMAND

The appellant is a Veteran who served on active duty from February 1944 to May 1946.  This matter is before the Board on appeal from a June 2015 rating decision.

Entitlement to service connection for a psychiatric disability, to include as secondary to a service-connected disability, is remanded.

The Veteran contends that his psychiatric disability is secondary to his service-connected hearing loss as well as his non-service-connected vision loss.  On January 2017 VA examination, the examiner opined that most of the Veteran’s psychiatric symptoms “are attributed to his physical loss and anger that the VA didn’t care for him after his hearing impairment or vision impairment.”  The examiner did not address the secondary service connection theory of entitlement.

Disability which is proximately due to or the result of a service-connected disease or injury shall be service connected.  38 C.F.R. § 3.310(a).  The Veteran has not been afforded a VA examination to secure a medical opinion that addresses his contentions.  Development for such opinion is necessary.  

The matter is REMANDED for the following action:

1.  Arrange for a psychiatric evaluation of the Veteran to ascertain the etiology of his psychiatric disability.  The Veteran’s record must be reviewed by the examiner in conjunction with the examination.  On examination of the Veteran and review of his record, the examiner should respond to the following:  

(a.) Identify the Veteran’s psychiatric disability by diagnosis, and opine whether it is at least as likely as not (a 50% or better probability) that the disability (i) began during his active service, (ii) was manifested as psychosis (to a compensable degree) within one year after discharge from service, (iii) was noted during service with continuity of symptoms since, or (iv) is otherwise etiologically related to service.

(b.) Opine whether it is at least as likely as not that the Veteran’s psychiatric disability was (i) caused by, or (ii) aggravated by (increased in severity due to), his service-connected bilateral hearing loss and/or tinnitus.  The opinion must address aggravation.

(c.) If the opinion is to the effect that the diagnosed disability was not caused or aggravated by a service-connected disability, identify the etiology considered more likely.

The examiner must explain the rationale for all opinions, citing to supporting factual data as deemed appropriate.  The rationale should specifically address the Veteran’s above-noted explanation for his claimed secondary service connection theory of entitlement.  If a requested opinion cannot be provided without resort to mere speculation, it should be so stated (with explanation why the opinion cannot be offered without resort to speculation).

 

 

GEORGE R. SENYK

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Schechner, 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.