Citation Nr: 21000808 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 12-32 151 DATE: January 6, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from December 1970 until his honorable discharge September 1972, with additional service in the Army Reserve and National Guard. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In September 2013, the Veteran testified before the undersigned during a videoconference hearing. A transcript of the hearing is included in the electronic claims file. In March 2020, the Board sent the Veteran a letter asking him whether he waived his right to have the case remanded to the RO for the initial review of evidence associated with the claims file by VA since the October 2014 Supplemental Statement of the Case. That month, the Veteran responded, stating that he declined to waive initial RO review, and asking the Board to remand the case to the RO. The claim was remanded in May 2020 for further development. In June 2020, per remand instructions, the RO attempted to verify the Veteran’s in-service stressor and did not receive a reply. The Veteran had another VA examination in August 2020 where he was asked about his in-service stressor and stated they were his responsibilities over others along with the possibility of giving “an order to arm weapons.” To the extent that information may have been gained to his benefit from the Veteran regarding his in-service stressors, VA made sufficient efforts to obtain this information. The duty to assist is a two-way street, and the Veteran is responsible to assist VA in developing his claims. See Wood v. Derwinski, 1 Vet. App. 190 (1991). Unfortunately, a remand is required in order to appropriately develop the Veteran’s claims. Entitlement to service connection for an acquired psychiatric disability. Among other questions, the prior May 2020 remand instructed the examiner to provide an opinion on whether the Veteran’s service-connected coronary artery disease (CAD) aggravated his acquired psychiatric disorder. The examiner provided an incorrect opinion and inverted the finding stating that the Veteran’s acquired psychiatric disability did not aggravate his CAD. As such, there has not been substantial compliance with the prior remand directive as to this question. The matters are REMANDED for the following action: 1. Return the claims file to the examiner who conducted the August 2020 examination. a. Please provide an opinion as to whether any Unspecified Anxiety Disorder has been aggravated (i.e. worsened) by the service-connected coronary artery disease. Why or why not? A detailed explanation is requested for all opinions provided. In proving an explanation/rationale, cite to the medical record, when necessary, to support the opinion. If an opinion cannot be provided without resort to speculation, provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be rendered. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. A. Johnston, 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.