Citation Nr: 21000129 Decision Date: 01/04/21 Archive Date: 01/04/21 DOCKET NO. 15-10 903 DATE: January 4, 2021 REMANDED Service connection for an acquired psychiatric disorder. Service connection for chronic fatigue syndrome (CFS). REASONS FOR REMAND In November 2018, the Board remanded the appeals for further development, to include an updated examination that addressed the etiology of a psychiatric disorder. In a March 2019 examination, the Veteran was diagnosed with an unspecified neurocognitive disorder that was less likely than not incurred in or caused by service. The examiner acknowledged a history of posttraumatic stress disorder (PTSD) but found that the Veteran was not currently diagnosed with a psychiatric or mood disorder. However, for purposes of eligibility for VA benefits, a current disability will be established if diagnosed over the course of the entire appeal. See McClain v. Nicholson, 21 Vet. App. 319 (2007). Therefore, notwithstanding the findings of the March 2019 examiner, the Veteran has been diagnosed with a mood disorder, PTSD, and bipolar disorder during the course of the appeal. As such, a medical opinion is needed to determine the nature and etiology of the previously diagnosed acquired psychiatric disorders. Turning to CFS, the claim is inextricably intertwined with the pending claim asserting service connection for an acquired psychiatric disorder detailed above. Therefore, action on the appeal will also be remanded in light of the above. The matters are REMANDED for the following actions: 1. Identify and obtain any pertinent, outstanding VA and private medical treatment records and associate them with the claims file. 2. Direct the claims file to a clinician for an opinion as to the following: • whether it is at least as likely as not (a 50 percent probability or greater) that any psychiatric disorder identified, to include fatigue, a mood disorder, PTSD, memory loss, and a neurocognitive disorder, is etiologically related to service. For purposes of service connection, the Veteran’s previously diagnosed fatigue, mood disorder, PTSD, memory loss, and neurocognitive disorder constitute current diagnoses. The clinician is advised that neurocognitive disorders are considered as acquired psychiatric disorders for purposes of eligibility for VA benefits. In forming the opinions, the clinician is asked to address May 2012 medical treatment notes documenting a history of PTSD, as well as a July 2015 buddy statement, and the Veteran’s May 2018 testimony detailing potential in-service stressors. A rationale for all opinions must be provided. 3. If the clinician determines that an examination is necessary in order to provide the requested opinions, then one should be scheduled. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Spigelman, 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.