Citation Nr: 21003958
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 14-30 449
DATE: January 25, 2021

REMANDED

Service connection for an acquired psychiatric disorder.

Service connection for insomnia.

Service connection for hypertension. 

REASONS FOR REMAND

In February 2018, the Veteran testified before the undersigned Veterans Law Judge.  A copy of the transcript has been associated with the claims file. In September 2019, the Board denied the claims. The Veteran appealed to the Court of Appeals for Veterans Claims (Court). In August 2020, the Court Clerk granted a Joint Motion for Remand (JMR), returning the case to the Board for further action. 

As to an acquired psychiatric disorder, the JMR found that the March 2019 VA examination did not provide an opinion as to whether the diagnoses of anxiety and adjustment disorder were related to service. As to the diagnosis of PTSD, the JMR found that the March 2019 VA examiner was unable to verify the Veteran’s stressors, despite the Board’s finding that the stressors had been verified. Based on the above, an updated opinion is needed.

As to hypertension and insomnia, the JMR found that they should be remanded on the grounds that they were inexplicably intertwined with the claim of service connection for an acquired psychiatric disorder. As the claim of service connection for an acquired psychiatric disorder is pending, the claims of service connection for insomnia and hypertension are remanded pending the adjudication of whether an acquired psychiatric disorder was incurred in service.

The matters are REMANDED for the following actions:

1. Direct the claims file to a clinician to determine whether an acquired psychiatric disorder was incurred in service. 

2. The clinician is asked to review the claims file, to include diagnoses of anxiety and adjustment disorders, review the Veteran’s lay statements as to his in-service stressors, and offer an opinion as to whether an acquired psychiatric disorder is at least as likely as not (50 percent or greater probability) related to service.

3. If service connection is granted for an acquired psychiatric disorder, adjudicate the issues of service connection for hypertension and insomnia on a secondary basis. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ragofsky, Attorney Advisor 

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.