Citation Nr: 21002743 Decision Date: 01/14/21 Archive Date: 01/14/21 DOCKET NO. 17-09 813 DATE: January 14, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service from August 1989 to August 1992. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in December 2019. A transcript of that hearing has been added to the record. The Board notes that in March 2020, the Veteran submitted a VA Form 20-0995, Decision Review Request: Supplemental Claim, listing the specific issue as PTSD. However, the Veteran did not effectively withdraw his legacy appeal of the issue at that time. In correspondence dated April 8, 2020, the Agency of Original Jurisdiction (AOJ) informed the Veteran that his legacy appeal of the issue of entitlement to service connection for an acquired psychiatric disability had not been properly withdrawn, and if he desired to have his appeal of that issue processed under the modernized review system, he would have to submit the proper form. There is no indication from the record that the Veteran has resubmitted the proper form effectively withdrawing his legacy appeal. Despite that fact, the AOJ issued a rating decision in April 2020, denying readjudication of the issue of entitlement to service connection for PTSD based on a finding that new and relevant evidence had not been presented. That rating decision was issued in error as the appeal of the issue of entitlement to service connection for an acquired psychiatric disability was pending before the Board in the legacy review system. 38 C.F.R. §§ 3.2400, 19.2 (2019). As such, the Board will proceed with the appeal in the legacy review system at this time. Service Connection – Acquired Psychiatric Disability The Veteran has asserted that he has a psychiatric disability, to include PTSD, that is the result of his service in the Persian Gulf during Desert Storm. He reported that he was working in an extremely stressful environment that was both dangerous and scary, and that he now experiences mental health symptoms as a result. The Veteran was afforded a VA examination in November 2013. At that time, the examiner diagnosed adjustment disorder with depressed mood and found that the Veteran’s symptoms were not severe enough to interfere with occupational and social functioning, or to require continuous medication for control. The examiner opined that the Veteran’s adjustment disorder was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner did not provide a rationale for that opinion. The Board finds the November 2013 VA medical opinion to be inadequate. In this regard, the examiner failed to provide a rationale for the conclusion reached. As the opinion is not adequate, it cannot serve as the basis of a denial of entitlement to service connection. Therefore, the Board finds that the Veteran should be afforded a new VA examination to determine the nature and etiology of any currently present psychiatric disability. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination by an examiner with sufficient expertise to determine the nature and etiology of any currently present acquired psychiatric disability, to include PTSD. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. Based on the examination of the Veteran and review of the record, the examiner must first identify all psychiatric disabilities present during the pendency of the appeal or proximate thereto, to include PTSD. Then, for each disability identified, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any such disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. A complete and detailed rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and medical opinions provided comport with this remand, and undertake any other development determined to be warranted. (Continued on the next page)   4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Andrew Ledman II 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.