Citation Nr: 21061762 Decision Date: 10/05/21 Archive Date: 10/05/21 DOCKET NO. 14-40 929A DATE: October 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Veteran had active service from April 1972 to April 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for an acquired psychiatric disability, to include as secondary to a service-connected disability, is remanded. In May 2018, the Board remanded the matter to obtain an addendum opinion regarding the etiology of the Veteran's claimed acquired psychiatric disability. Specifically, the Board found the March 2010 VA examination report inadequate because the examiner did not address whether the Veteran's psychiatric disability was aggravated by a service-connected disability. Secondary service connection is also available for those disabilities which are caused or aggravated by a service-connected disability. See Allen v. Brown, 7 Vet. App. 439, 448 (1995) In a November 2019 opinion, the clinician opined that it was less likely than not that the Veteran's claimed psychiatric disability was "proximately due to or the result of the Veteran's service-connected condition." The clinician did not address the issue of aggravation as directed by the May 2018 Board remand. The Agency of Original Jurisdiction (AOJ) failed to comply with the Board's remand in this regard. See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a Board remand "confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders"). Therefore, the Board finds that a remand is necessary to obtain an addendum opinion. The matters are REMANDED for the following action: 1. Obtain an addendum medical opinion from the November 2019 clinician regarding the etiology of the Veteran's claimed psychiatric disability. A copy of the Veteran's electronic claims folder, including a copy of this remand must be provided to the clinician. The clinician is requested to provide an opinion as to the following: Whether it is at least as likely as not (50 percent probability or greater) that the Veteran's claimed psychiatric disability is aggravated by his service-connected erectile dysfunction or other service-connected disabilities. If aggravation is found, provide the baseline manifestations prior to aggravation and the increased manifestations due to the service-connected disabilities. The matter is being returned because the November 2019 addendum opinions did not adequately address whether the Veteran's service-connected erectile dysfunction (or any other relevant service-connected disability) aggravates his claimed psychiatric disability. Under the theory of aggravation, even if the Veteran's claimed disabilities were caused by a different source other than the service-connected disability, secondary service connection is still available if there is evidence that the non-service-connected conditions are aggravated by the service-connected disability. A complete rationale, including citation to appropriate medical principles, for all opinions reached must be provided. 2. Thereafter, readjudicate the issue on appeal as noted above. If the determination remains unfavorable to the Veteran, he and his representative should be furnished a supplemental statement of the case (SSOC) which addresses all evidence associated with the claims file since the last statement of the case. The Veteran and his representative should be afforded the applicable time period to respond. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Baskerville 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.