Citation Nr: 20059924
Decision Date: 09/11/20	Archive Date: 09/11/20

DOCKET NO. 14-36 772
DATE: September 11, 2020

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

This matter was previously before the Board of Veterans’ Appeals (Board) in December 2017.  At that time, the Board reopened the issue of service connection for an acquired psychiatric disorder and remanded it to obtain an opinion regarding the Veteran’s claim in accordance with VA’s duty to assist.  The Veteran was scheduled for an examination in September 2018 to obtain the opinion.  The September 2018 VA examiner diagnosed the Veteran as having major depressive disorder, recurrent, with severe with psychotic features, and adequately explained why the Veteran does not meet the diagnostic criteria for post-traumatic stress disorder (PTSD); however, the September 2018 VA examiner did not adequately address the Veteran’s previous diagnosis for bipolar disorder, which is the disorder specifically listed on his initial service connection claim and noted in VA treatment records during the appeal period.  When a previously diagnosed psychiatric disorder is not found currently, VA is required to obtain an opinion that discusses whether the previous diagnosis was made in error or whether the previously diagnosed condition has since resolved.  See Romanowsky v. Shinseki, 26 Vet. App. 289 (2013).  Thus, an addendum to the September 2018 VA examiner’s report is necessary to ensure the decision on the Veteran’s claim is fully informed.

The matter is REMANDED for the following action:

Obtain an addendum from the September 2018 VA examiner addressing whether the Veteran’s previous diagnosis of bipolar disorder, if not found currently, was made in error or has since resolved.  If it is determined the diagnosis was not in error, the examiner must provide an opinion addressing whether the disorder is at least as likely as not (50 percent probability or greater) the result of an in-service disease or injury, to include, but not limited to, the Veteran’s assertion that his psychiatric impairment is the result of gas exposure during training in service.  The addendum must include a complete rationale for the opinion provided.  If the September 2018 VA examiner is unavailable or cannot otherwise provide the requested opinion, the addendum may be obtained from another equally well-qualified examiner.  The Veteran should not be scheduled for an additional examination unless deemed necessary by the selected examiner.

 

 

M. HYLAND

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. S. Kyle, 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.