Citation Nr: 21063619 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 18-25 664 DATE: October 14, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from April 1973 to August 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In August 2020, the Veteran testified at a virtual hearing conference before the undersigned. Hearing transcripts have been associated with the claims file. 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. In March 2018, the Veteran underwent a VA post-traumatic stress disorder (PTSD) examination. The examiner diagnosed the Veteran with intermittent explosive disorder, major depressive disorder (moderate, single episode, in remission), and alcohol use disorder (moderate, sustained remission). However, the examiner did not diagnose the Veteran with PTSD. The examiner noted that the Veteran had been diagnosed with PTSD by VA providers, but disagreed with the diagnosis due to "insufficient Criteria C and D symptoms." The examiner further stated that the Veteran's symptoms were routinely assessed by VA providers by self-report measures and noted that over-endorsement of symptoms was possible. Additionally, the examiner opined that it was less likely than not that the Veteran's diagnosed acquired psychiatric disability was due to his active service. Since the March 2018 examination, the Veteran has provided testimony regarding the history and symptomatology of his psychiatric disability. Specifically, the Veteran has stated that he had no violence issues or mental health treatment prior to service. See Hearing Testimony, pp. 7, 9. His representative also noted that there were complaints of "nerves" in his service treatment records. Id. at 6-7; Oct. 2017 STR Medical, p. 10. While the March 2018 examiner noted the in-service record indicating that the Veteran complained of "nerves," the examiner failed to adequately address why this complaint was insufficient to establish a nexus. Therefore, the Board finds the March 2018 opinion to be inadequate for adjudication purposes. Accordingly, the claim must be remanded in order to obtain an adequate examination and opinion. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (when VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and any acquired psychiatric disorder, to include PTSD. Any indicated evaluations, studies, or tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion and the examination report should include a discussion of the Veteran's documented medical history and assertions. The examiner must address the following: (a.) Determine all current diagnoses of acquired psychiatric disorders, to include PTSD. If the examiner finds that the Veteran does not have a current diagnosis of PTSD, he or she must reconcile such a finding with the Veteran's VA treatment records indicating a current PTSD diagnosis. (b.) For each current diagnosis of an acquired psychiatric disorder, determine whether it is at least likely as not (a 50 percent probability or greater) that the condition is related to the Veteran's active duty service. In responding to the above, the examiner must address the Veteran's statements that he had no violence issues or mental health treatment prior to service. See Hearing Testimony, pp. 7, 9. The examiner must also address the Veteran's in-service complaints of "nerves." Id. at 6-7; Oct. 2017 STR Medical, p. 10. Further, the examiner must discuss the Veteran's testimony regarding post-service psychiatric symptomatology. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries and that his reports must be taken into account in formulating the requested opinions. The examiner must provide rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Watkins, 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.