Citation Nr: 21000970
Decision Date: 01/06/21	Archive Date: 01/06/21

DOCKET NO. 15-38 530
DATE: January 6, 2021

REMANDED

Service connection for posttraumatic stress disorder (PTSD).

Service connection for an acquired psychiatric disorder other than PTSD.

A total disability rating based on individual unemployability due to service-connected disability (TDIU).

REASONS FOR REMAND

In the August 2018 remand, the Board of Veterans’ Appeals (Board), in part, instructed the agency of original jurisdiction (AOJ) to obtain the Veteran’s complete VA Vocational Rehabilitation file and associate it with the claims file. A review of the record does not reflect that the VA Vocational Rehabilitation file was sought or obtained. Therefore, another attempt should be made to associate those records with the file.

As part of the August 2018 remand, the Veteran underwent a VA psychiatric examination in August 2019. The examiner indicated that the Veteran was diagnosed with unspecified depressive disorder and unspecified anxiety disorder. Although the examiner stated that it was at least as likely as not that the psychiatric disorders had their onset during service, the explanation/rationale completely undercut the stated opinion. 

Further, the examiner provided no opinion as to whether it was at least as likely as not that the diagnosed psychiatric disorders were the result of disease or injury in service, to include notations of disciplinary actions in service.

Where the remand orders of the Board are not complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268 (1998). Consequently, a remand is required.

The matters are REMANDED for the following actions:

1. Obtain updated VA clinical records and associate them with the claims file.

2. Obtain the Veteran’s complete VA Vocational Rehabilitation file and associate it with the claims file.

3. Return the claims file, to include a copy of this remand, to the August 2019 VA examiner, if available. If not available, the requested opinion should be provided by another clinician.

The clinician is asked to review the claims file, to include a copy of this remand, and provide the following opinions: 

•	Is it at least as likely as not that the Veteran’s psychiatric disorders had their onset in service, or are otherwise the result of a disease or injury in service, to include notations of disciplinary actions in service?

All opinions expressed must be accompanied by a complete rationale.

 

4. 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	E. Redman, 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.