Citation Nr: 21061436
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 17-54 413
DATE: October 4, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder which is characterized with posttraumatic stress disorder (PTSD), depressive disorder, anxiety disorder, and a secondary substance abuse disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1964 to November 1964 and December 1973 to March 1976. This matter comes before the Board of Veterans' Appeals (Board) from a February 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

This appeal was previously before the Board in January 2021 and most recently in July 2021 when the claim as noted above was REMANDED to secure a VA addendum opinion. The examiner was requested to indicate all psychiatric disorders manifested since service, to include the diagnoses of PTSD, depressive disorder, anxiety disorder, and alcohol dependence noted in clinical records. The examiner was requested to discuss whether the previously diagnosed conditions were proper and currently asymptomatic, or a misdiagnosis. The record indicates VA requested the addendum opinion in August 2021 and an addendum opinion was obtained that same month. However, the Board observes that while the medical opinion mentioned mental health issues generally, it primarily focused on PTSD and alcohol abuse and failed to address any other mental health diagnosis. The Board notes the record reflects the Veteran has received treatment for PTSD, depressive disorder, anxiety, and alcohol dependence. When remand development does not satisfactorily address remand instructions, a further remand is required. See Stegall v. West, 11 Vet. App. 268 (1998). 

While the Board regrets further delay, it cannot make a fully informed decision on the issue of service connection for any acquired psychiatric disorder as the Veteran was not provided a VA examination for mental conditions other than PTSD. That should be corrected on REMAND. 

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination with the appropriate clinician to determine the etiology of any diagnosed acquired psychiatric disorders, other than PTSD. The claims file, including a copy of this remand, must be reviewed by the examiner and the most up-to-date Disability Benefits Questionnaire must be employed. The examiner should opine whether it is at least as likely as not (a 50 percent or greater probability) that any diagnosed acquired psychiatric disorders, other than PTSD, are related to the Veteran's military service.

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If no psychiatric disorder is diagnosed, the examiner should address the VA treatment records, including an April 2016 VA treatment record that noted a diagnosis of major depressive disorder in partial remission, a July 2018 VA mental health record that showed a diagnosis of major depressive disorder, and various medication records throughout the VA treatment records that indicate prescribed medication for anxiety.

A complete rationale should be given for all opinions and conclusions expressed.

 

 

Kalisse Anderson

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Banks, 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.