Citation Nr: 21063234 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 19-31 998 DATE: October 13, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected tinnitus, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from May 1963 to March 1964. By way of procedural history, this claim comes before the Board of Veterans' Appeals (Board) on appeal from a November 2018 Rapid Appeals Modernization Program (RAMP) rating decision issued by a Department of Veterans Affairs (VA) regional office, but the claim was initially addressed by an August 2017 rating decision. Although the appeal arose from a RAMP rating decision, the subsequent appellate history was indicative of the legacy system, and therefore the matter was processed in the legacy system. In December 2019, the Board denied the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 decision, the Court granted a Joint Motion for Remand (JMR) and remanded the case to the Board for further proceedings. The claim was remanded by the Board in January 2021 to obtain outstanding private medical records, a new VA examination, and medical opinions. 1. Entitlement to service connection for an acquired psychiatric disorder, to include as secondary to service-connected tinnitus, is remanded. As noted above, the Board remanded the claim in January 2021 and directed that the Veteran be scheduled for a new VA psychiatric examination, and to obtain medical opinions regarding the etiology of his acquired psychiatric disorders. The examiner was asked to review the Veteran's claims file, and to consider his lay history and his in-service diagnosis of passive dependent personality. A new VA examination was provided in July 2021, during which the Veteran was diagnosed with moderate alcohol use disorder. The July 2021 VA examiner then opined that the Veteran's alcohol use disorder was not related to his military service or his service-connected tinnitus. However, the VA examiner made no mention of the 2017 VA examination report, as well as more recent VA treatment notes, showing the Veteran has diagnoses of major depressive disorder and anxiety. Additionally, the VA examiner provided no discussion of the in-service diagnosis of passive dependent personality, nor did the examiner indicate the Veteran's lay statements were considered. The Board also notes that the VA examiner's opinion regarding whether tinnitus aggravated the Veteran's acquired psychiatric disorder does not contain any supporting rationale. The Board finds the July 2021 VA examiner's assessment is inadequate for adjudication purposes, and remand is required to obtain a new VA psychiatric examination and medical opinions. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008); Monzingo v. Shinseki, 26 Vet. App. 97, 105 (2012). The matters are REMANDED for the following action: 1. Schedule the Veteran for a new VA psychiatric examination to obtain medical opinions from an appropriate clinician regarding the nature and etiology of the Veteran's claimed acquired psychiatric disorder(s). The entire claims file must be provided to, and reviewed by, the examiner. 2. The examiner must obtain the Veteran's lay history, including onset and progression of symptomatology. 3. The examiner must list each of the Veteran's diagnosed psychiatric conditions. Attention is drawn to the following: (a.) February 1964 service treatment record showing an in-service diagnosis of passive dependent personality (b.) June 2017 VA examination report showing a diagnosis of depressive disorder (c.) June 2021 VA treatment notes showing diagnoses of alcohol use disorder, major depressive disorder, and cannabis use disorder 4. For each diagnosed psychiatric condition, provide the following opinions: (a.) Whether it is at least as likely as not (a 50 percent or greater probability) that such condition had its onset during, or is otherwise related to, the Veteran's active duty service. (Continued on the next page) (b.) Whether it is at least as likely as not (a 50 percent or greater probability) that such condition is caused by a service-connected condition, to include tinnitus. (c.) Whether it is at least as likely as not (a 50 percent or greater probability) that such condition aggravated by service-connected tinnitus. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Miller, 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.