Citation Nr: 20034557 Decision Date: 05/18/20 Archive Date: 05/18/20 DOCKET NO. 13-26 368 DATE: May 18, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Air Force from July 1978 to August 1987. In December 2016, the Veteran testified at a hearing before the undersigned Veterans Law Judge via video conference. A transcript of the hearing is associated with the record. In March 2019, the Board issued a decision denying service connection for an acquired psychiatric disorder because there was insufficient evidence of a medical nexus between the Veteran’s psychiatric disorder and his military service. The Veteran applied to the United States Court of Appeals for Veteran Claims (CAVC). In December 2019, a Joint Motion for Remand (JMR) was issued. The parties agreed that the January 2018 VA examination was inadequate for adjudication purposes because the examiner failed to analyze the necessary facts to support the medical opinion. Specifically, in stating “None reported” with regard to any relevant military mental health history, the January 2018 examiner did not discuss and reconcile the findings of angina nervosa contained in a November 1985 service treatment record. Therefore, a new VA examination is required. The parties also agreed that Social Security Administration records must be obtained on remand. Specifically, the February 2010 records which diagnosed bipolar disorder and June 2010 records which mentioned depression must be obtained. Therefore, this matter is remanded in compliance with the JMR. The matters are REMANDED for the following action: 1. Obtain any outstanding medical treatment records and associated them with the claims file. 2. Then, contact the Social Security Administration to obtain records related to the Veteran’s psychiatric disorder. Obtain any authorization need from the Veteran. All inquiries and responses must be notated in the claims file. 3. After all records have been obtained, schedule the Veteran for a VA examination with an appropriate clinician to determine the nature and etiology of his psychiatric disorder. All pertinent evidence should be made available to the clinician and the clinician must indicate that he or she reviewed the record. The clinician is asked to render an opinion as to: Whether the Veteran’s current psychiatric disorder is at least as likely as not (50 percent probability or greater) casually related to his active military service. In doing so, the examiner should specifically address a service treatment record dated in November 1985 in which the Veteran was diangosed with angina nervosa. A clear rationale must be provided for all opinions expressed. The clinician must consider the Veteran's lay statements regarding injury in service. If it is the clinician's opinion that the Veteran does not have a psychiatric disorder or he does have a psychiatric disorder but it is not related to service, the clinician should thoroughly explain the medical reasons for that conclusion. If the clinician is unable to provide an opinion without resorting to mere speculation, then the clinician must state this and provide any information needed to make an opinion, if possible. 4. Thereafter, readjudicate the claim on appeal. MICHAEL MARTIN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Harris, Attorney Advisor 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.