Citation Nr: 21000411 Decision Date: 01/05/21 Archive Date: 01/05/21 DOCKET NO. 16-41 586 DATE: January 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include unspecified depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1967 to May 1969. This matter originally came before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2019, the Veteran testified before the undersigned Veterans Law Judge and the transcript is associated with the claims file. In January 2020, the Board remanded the claim for additional evidentiary development. Furthermore, as noted in the January 2020 Board remand, the Board recharacterized the acquired psychiatric disorder claim to include any psychiatric disorders that have been claimed, particularly PTSD and depression. See Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Additionally, while the Board also remanded the claim for service connection for hypertension in January 2020, the claim was granted in a July 2020 rating decision and is no longer on appeal. A remand by the Board confers on the Veteran, as a matter of law, the right to have compliance with the remand directives, and the Board has a duty to ensure such compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). Although the Board regrets additional delay, another remand is necessary to ensure that there is a complete record upon which to decide the claim so that the Veteran is afforded every possible consideration. The Veteran contends that he currently has a psychiatric disorder that is due to his military service, to include combat service in Vietnam. As discussed in the January 2020 Board remand, the Veteran has also indicated that his psychiatric disorder is aggravated by his service-connected disabilities, to include ischemic heart disease (IHD) and bilateral hearing loss. See May 2019 Board hearing testimony. In January 2020, due to an incomplete record, the Board remanded the claim and directed VA to schedule the Veteran for a VA examination in order to obtain a medical opinion addressing whether service connection is warranted for the Veteran’s psychiatric disorder, on a direct or secondary basis. The Veteran was afforded a VA examination in May 2020 and was found to have a current diagnosis of unspecified depressive disorder. However, while the VA examiner addressed direct service connection and secondary service connection in relation to the Veteran’s service-connected ischemic heart disease (IHD), the examiner did not provide an opinion regarding secondary service connection in relation to the Veteran’s service-connected bilateral hearing loss. Accordingly, a remand is necessary to obtain an addendum opinion to fully address the Veteran’s claim. In the October 2020 Written Brief Presentation, the Veteran’s representative appears to suggest that an Independent Medical Opinion is needed. Adequate explanation or reasons for the request were not provided. The Board finds that an addendum opinion from a different qualified examiner will be obtained. The matter is REMANDED for the following action: 1. Transfer the Veteran’s claims file to another VA examiner (a psychiatrist or psychologist different than the examiner who offered the May 2020 opinion regarding the etiology of the Veteran’s acquired psychiatric disorder). The record and a copy of this Remand must be made available to the examiner. The need for an additional examination of the Veteran is left to the discretion of the clinician selected to write the addendum opinion. Following a review of the claims file: (a.) The examiner is asked to identify all current psychiatric disorder diagnoses. (b.) For PTSD, provide an opinion as to whether it is at least as likely as not (i.e., 50 percent probability or greater) that the Veteran’s PTSD is related to his conceded in-service stressors due to combat service in Vietnam. (c.) For any other psychiatric disorder, the examiner is to state whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such disorder began during service or is otherwise etiologically related to service, to include the Veteran’s reported in-service events and conceded in-service stressors. (d.) For all psychiatric disorders found, the examiner should also opine as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such disorder is (1) caused or (2) aggravated by the Veteran’s service-connected IHD and/or bilateral hearing loss. If aggravation is found, the baseline level of disability should be identified to the extent possible.   A complete rationale must be provided for all opinions expressed. If necessary, the examiner should also reconcile his or her opinion with the May 2020 medical opinion. The examiner’s rationale must consider and discuss the pertinent evidence of record, to include the Veteran’s lay statements. C. CRAWFORD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board N. B. Smith, 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.