Citation Nr: 21000916
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 15-17 120
DATE: January 6, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1969 to December 1971, and from November 1990 to August 1991. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2018, this matter was previously remanded to obtain an addendum opinion regarding the etiology of the Veteran’s anxiety disorder. The examiner was requested to address the diagnosis of record dated in February 2013. An August 2020 addendum opinion and PTSD VA examination have been provided. However, the Board finds that with regard to the anxiety disorder, the opinion is incomplete because the examiner did not address the previous diagnosis of anxiety disorder.  Thus, there has not been substantial compliance with the Board’s previous remand directives and a remand is required. See Stegall v. West, 11 Vet. App. 268, 271 (1998).  

The record contains VA treatment records identified as CAPRI record received in the file on September 10, 2020.  Those electronic records cannot be opened for review because when attempting to open for review there is an indication that the file is damaged.  Those records should be added to the file.  

The matters are REMANDED for the following action:

1. Associate with the claims file any and all outstanding treatment records, to include uploading the group of CAPRI records dated as received in the file as on September 10, 2020 which cannot be opened in the electronic file as there is an indicated that the file is damaged.

2. Obtain an addendum opinion from the August 2020 examiner regarding whether it is at least as likely as not (50 percent or greater probability) that an anxiety disorder had its onset in service or is otherwise related related to the Veteran’s active duty service. In so doing, the examiner must address the diagnosis of record dated February 2013.

 

K. J. ALIBRANDO

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. McKenzie, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.