Citation Nr: 21002936 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 14-31 820 DATE: January 19, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), major depressive disorder and anxiety, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from March 1979 to November 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. In September 2019, this issue was remanded for development. For the reasons discussed below, additional development is required. In November 2020, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the claims file. Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), major depressive disorder and anxiety. The Veteran contends that his acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), major depressive disorder and anxiety, is related to service. In a September 1979 separation examination, the Veteran reported depression or excessive worry. He underwent a VA examination in January 2020, wherein it was noted that VA treatment records include a 2015/2016 diagnosis of PTSD, 2015 diagnosis of Depression, and 2009 notation of “other persistent mental disorders due to conditions classified elsewhere.” The examiner also acknowledged current medication treatment of the conditions. Despite the above, the examiner did not find any current mental health diagnosis and reasoned that the Veteran had no mental health visits in 2020 so far, 3 visits in 2019, and 3 visits in 2018. The Board regrets the further delay but finds that a remand is necessary in this appeal to afford the Veteran full consideration of his claim. Although the January 2020 examination notes the Veteran’s recent diagnoses of mental health disorders, a determination of no mental health diagnoses is also noted. The opinion does not consider nor address the treatment note showing diagnoses in a meaningful way. Specifically, the Veteran is found to have diagnoses of PTSD and depression during the appellate period. However, the examiner appears to base the opinion entirely on the results found within the current examination. This is not the correct standard. Additionally, the opinion does not address the contention that the mental health disorder is secondary to his scars, residuals of pseudofolliculitis. The matter is REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Upon completion of directive #1, schedule the Veteran for an examination with a different medical professional than the examiner who provided the January 2020 VA examination, and to the extent possible, one who is proximate to the Veteran’s location. Following a full and complete review of the Veteran’s records, the examiner should determine the nature and etiology of any acquired psychiatric disorder. The examiner should clarify whether the Veteran carried a diagnosis at any point during the appeal period (October 2009 to present) and opine on the following: a) What are the Veteran’s diagnosed acquired psychiatric disorders? b) Is it at least as likely as not (50 percent probability or greater) that any such acquired psychiatric disorder is related to service? c) Is it at least as likely as not (50 percent probability or greater) that any such acquired psychiatric disorder is proximately due to service-connected scars, residuals of pseudofolliculitis? d) Is it at least as likely as not (50 percent probability or greater) that any such acquired psychiatric disorder is aggravated (beyond the normal progression) of service-connected scars, residuals of pseudofolliculitis?   The examiner should review the entire record for any mental health disorder noted during the appeal period and address such disorder in the opinion. The examiner is reminded that if noted at any point during the pendency of the appeal, a diagnosis is considered current for VA purposes. The examiner should also address the Veteran’s contentions regarding continuity of symptomatology since service. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Wilson, 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.