Citation Nr: 21062327 Decision Date: 10/07/21 Archive Date: 10/07/21 DOCKET NO. 19-33 352 DATE: October 7, 2021 REMANDED Entitlement to service connection for acquired psychiatric disorder, to include unspecified anxiety disorder and unspecified depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from November 2004 to November 2008. These matters initially came before the Board of Veterans' Appeals (Board) on appeal from a December 2018 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) that denied the claims of service connection for posttraumatic stress disorder (PTSD) and acquired psychiatric disorder, to include unspecified anxiety disorder and unspecified depressive disorder. In June 2021, the Court vacated the Board's April 2020 decision that denied entitlement to service connection for a variously diagnosed psychiatric disability, to include PTSD, anxiety disorder, and depressive disorder, and remanded the matter for additional development and readjudication in compliance with directives specified in a May 2021 Joint Motion for Remand (JMR) filed by counsel for the Veteran and the VA. Specifically, the JMR indicated that the Board did not provide adequate reasons or bases in addressing the December 2018 VA examination and the Veteran's lay statements in light of the Veteran's reports of acquired psychiatric disorder symptoms during service and since separation from service. As a final preliminary matter, in Clemons v. Shinseki, 23 Vet. App. 1, 4-5 (2009), the Court held that a claim should not be limited to the disorder as characterized by the Veteran, but must be characterized and addressed based on the reasonable expectations of the non-expert claimant and the evidence in processing the claim. Although the Veteran originally filed a claim of service connection for PTSD, the Board will broaden the Veteran's claim and consider all psychiatric diagnoses raised by the record. The Veteran in this case has been diagnosed with unspecified anxiety disorder and unspecified depressive disorder. Thus, the Board has characterized the issue more broadly. Entitlement to service connection for acquired psychiatric disorder, to include unspecified anxiety disorder and unspecified depressive disorder Although the Board regrets the additional delay, a remand is needed for another medical opinion. The December 2018 VA psychologist's opinion is inadequate as the psychiatrist did not address the Veteran's report during the examination that he was depressed during military service, but never showed it and did not seek treatment. The psychiatrist also did not address the Veteran's indication that he began drinking heavily during military service and drank and slept around as a way of masking feelings of depression and anxiety, which the Veteran related to military service. Notably, the VA psychologist found that there was no report of mental health issues during the Veteran's service and no consistent report of ongoing mental health problems since service. Buchanan v. Nicholson, 451 F.3d 1331, 1336, n. 1 (Fed. Cir. 2006) (noting that VA's examiner's opinion, which relied on the absence of contemporaneous medical evidence, failed to consider whether the lay statements presented sufficient evidence of the etiology of [the veteran's] disability such that his claim for service connection could be proven without contemporaneous medical evidence ). The Veteran additionally stated in a December 2018 Notice of Disagreement that his symptoms came about during service and have lingered since separation from service. Given the Veteran's lay statements in December 2018 and the inadequate December 2018 VA opinion, a remand is warranted to afford the Veteran an appropriate examination. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (once VA undertakes the effort to provide a veteran with a medical examination, it must ensure that such exam is adequate). Accordingly, the matter is REMANDED for the following action: Obtain an opinion from a VA psychiatrist or psychologist as to whether it is at least as likely as not (a 50 percent or greater probability) that the Veteran's currently diagnosed unspecified anxiety disorder and unspecified depressive disorder had its onset in service or is otherwise related to service. If the psychiatrist/psychologist determines an examination is needed for the medical opinion, such examination, to include via telehealth, should be scheduled. The psychiatrist/psychologist is advised that the Veteran is competent to report his symptoms and history, and such statements by the Veteran must be specifically acknowledged and considered in formulating any opinion. The examiner is asked to address the Veteran's December 2018 assertions that his depression and anxiety began in service and have continued since separation from service. A copy of the claims file should be provided to and reviewed by the psychiatrist/psychologist. A complete rationale should accompany any opinion provided. Jonathan Hager Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Styer, 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.