Citation Nr: 20032706 Decision Date: 05/11/20 Archive Date: 05/11/20 DOCKET NO. 17-11 211 DATE: May 11, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disability is remanded. REASONS FOR REMAND The Veteran had active military service from June 2006 to June 2007. This case comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran requested a hearing before the Board, which was scheduled for a date in November 2017. His hearing request is deemed withdrawn because he failed to report for this hearing, and no request for postponement has been received. This case was previously before the Board. In a November 2018 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In a July 2019 Order, the Court granted a Joint Motion of the parties, vacated the Board’s decision, and remanded the case to the Board for action consistent with the Joint Motion. In the July 2019 remand, the Court directed VA to afford the Veteran a new examination because the medical opinion VA relied upon in adjudicating the claim was inadequate for adjudication purposes. The Board acknowledges the private psychological evaluation report that was submitted in April 2020. However, the opinion provided in that psychological evaluation report is in contrast to the other medical evidence of record. As such, the Board finds that a remand is required to obtain a medical opinion to resolve the inconsistencies in the medical evidence of record. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination by a psychiatrist or psychologist to determine the nature and etiology of any currently present psychiatric disability. 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 review of the record, the examiner should first identify all psychiatric disabilities present during the pendency of the appeal, or proximate thereto. Then, for each disability identified, the examiner must 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. In forming the opinion, the examiner must consider and address the findings in the March 2020 private psychological evaluation report. Further, in forming the opinion, the examiner must address whether the Veteran’s alcohol abuse is the result of a psychiatric disability, or if rather, the Veteran’s alcohol abuse has resulted in a mood disorder that is unrelated to active service. The rationale for all opinions expressed must be provided. 2. Confirm that all medical opinions provided comport with this remand and undertake any other development determined to be warranted. 3. Then, readjudicate the claim on appeal. If the decision is 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 I. Umez-Eronini, 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.