Citation Nr: 21062751
Decision Date: 10/12/21	Archive Date: 10/12/21

DOCKET NO. 18-17 336
DATE: October 12, 2021

REMANDED

Service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from June 1979 to January 1980. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In November 2020, the Veteran testified in support of this appeal during a hearing held at the Board's Central Office before the undersigned Veterans Law Judge.

In a March 2021 letter to the Board, the Veteran reported that he was receiving therapy from a Dr. C.  These records are relevant to his claim and as such a remand is necessary to obtain these treatment records.

The Veteran submitted an August 2017 letter from his family physician, Dr. T.  His doctor opined that it was as least as likely as not that the Veteran's depression was caused by him not being able to complete his military duties during active duty.  No rationale was provided with this opinion.  A remand is necessary in order to obtain a rationale from his family physician.

Lastly, the Veteran has never been afforded a VA examination for his claim.  The Veteran has a current diagnosis of depression.  At his hearing, he testified that his depression symptoms started when he was sent home from the Army due to an ankle injury.  The Veteran is competent to report observable symptoms of depression.  As no VA examiner has provider an opinion on whether the Veteran's depression is due to his military service, a remand is necessary to afford the Veteran a VA examination.

The matter is REMANDED for the following actions:

1. Ask the Veteran to complete a VA Form 21-4142 for his psychologist, Dr. C.  Make two requests for the authorized records from Dr. C, unless it is clear after the first request that a second request would be futile. 

2. Request an addendum opinion from Dr. T, who wrote the August 2017 nexus opinion, to provide a rationale for their finding that it is as least as likely as not that the Veteran's depression was caused by him not being able to complete his military duties during active duty.

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3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of the Veteran's depression.  The claims file should be made available to the examiner.  The examiner must opine with complete rationale whether it is at least as likely as not that the Veteran's depression is related to service, including an in-service ankle injury.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Chandeck, 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.