Citation Nr: 21000009 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 19-16 500 DATE: January 4, 2021 ORDER The application to reopen the claim for service connection for depression is granted. REMANDED The claim for service connection for a psychiatric disorder is remanded. FINDING OF FACT A February 2007 rating decision denied an application to reopen the claim for service connection for a psychiatric disorder. The evidence received subsequent to the appeal period includes evidence that is not cumulative or redundant of the evidence previously of record and that relates to an unestablished fact necessary to substantiate the claim. CONCLUSION OF LAW New and material evidence to reopen the claim of entitlement to service connection for a psychiatric disorder has been presented. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from April 1976 to April 1980. A videoconference hearing before the undersigned Veterans Law Judge was held at the RO in December 2020. Application to Reopen A claim for service connection for a psychiatric disability, then diagnosed as depressive disorder, was denied in an August 2002 decision. A claim to reopen was denied in a December 2006 rating decision and that decision was confirmed in a February 2007 rating decision. The claim was denied because the evidence did not show the depression was present in or resulted from service. The Veteran was notified of the decision and did not appeal within the appeal period or submit pertinent evidence within the appeal period. In connection with the Veteran’s claim to reopen, evidence has been added to the record, which includes a VA psychologist’s determination that the Veteran’s psychiatric symptoms were present prior to service, which suggests an in-service manifestation of psychiatric symptoms. The Board finds that new and material evidence has been received sufficient to reopen the previously denied claim. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). REMANDED The claim for service connection for a psychiatric disorder is remanded. REASONS FOR REMAND The record includes evidence that the Veteran experienced psychiatric symptoms prior to service and substance abuse during service and histories that the Veteran experienced psychiatric symptoms during service. The Board finds a medical opinion is needed to determine whether there is a relationship between the current psychiatric disability and service. The matters are REMANDED for the following action: Provide the claims file to the May 2018 VA examiner or, if unavailable, an appropriate medical professional for comment as to whether there is a relationship between the current psychiatric disability and service. The medical professional should comment on whether a current psychiatric disability was present during service. A rationale should be provided for the opinion, with consideration of the evidence of substance abuse during service, reported trauma, and symptomatic histories. (Continued on the next page)   If the current psychiatric disability was present during service, the medical professional should comment on whether the psychiatric disability preexisted service. If it is believed that the psychiatric disability preexisted service, the medical professional should comment on whether the psychiatric disability was NOT aggravated by service. If the current psychiatric disability was not present during service, the examiner should comment on whether the current psychiatric disability is etiologically related to service. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. Snyder, 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.