Citation Nr: 21064057 Decision Date: 10/18/21 Archive Date: 10/18/21 DOCKET NO. 11-33 591 DATE: October 18, 2021 REMANDED Service connection for an acquired psychiatric disorder, to include a depressive disorder and an anxiety disorder, including as secondary to the service-connected hepatitis C, is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1973 to November 1975. A December 2008 rating decision declined to reopen the previously denied claim for service connection for an acquired psychiatric disorder, to include depression and anxiety. In January 2015, the Board of Veterans' Appeals (Board) reopened this issue and remanded the underlying claim for development. In April 2016 and July 2018, the Board again remand the underlying claim for further development. In the July 2018 remand, the Board requested a medical opinion as to whether the Veteran experienced a psychiatric disorder in service and, if so, whether such disability clearly and unmistakable preexisted service and clearly and unmistakably was not aggravated by service. In rendering the opinion, the Board asked the examiner to address the medical study cited by the Veteran's representative in June 2018. The Board also requested an opinion as to whether the Veteran's psychiatric disorder was caused or aggravated by his service-connected hepatitis C. The agency of original jurisdiction (AOJ) provided the Veteran with a mental disorders examination in September 2019, at which time the examiner diagnosed a substance abuse disorder, an anxiety disorder, and a major depressive disorder. In a separate opinion, the examiner opined that the Veteran's substance abuse disorder clearly and unmistakably existed prior to service and clearly and unmistakably was not aggravated by service. The examiner provided an adequate rationale with discussion of the noted medical study. In addition, the examiner opined that the Veteran's acquired psychiatric disordercharacterized as an anxiety disorder and a major depressive disorderwas not caused or aggravated by his service-connected hepatitis C. The examiner explained that there is no evidence of psychiatric complaints, findings, or treatment during service or within a year after service that related these disorders to the service-connected hepatitis C. While the Board appreciates the examiner's opinion, the rationale indicates that the examiner limited the time frame under consideration to only the Veteran's period of active service and one year thereafter. Thus, the AOJ should obtain an addendum opinion that addresses whether the Veteran's psychiatric disorder was caused or aggravated by his service-connected hepatitis C at any time after service. Accordingly, this matter is REMANDED for the following action: Obtain an addendum opinion from the VA examiner who provided the September 2019 medical opinion. The examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran's psychiatric disorder was caused or aggravated by his service-connected hepatitis C at any time after service. Complete rationale for all opinions rendered should be provided. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for any scheduled VA medical examination may impact the determination made. 38 C.F.R. (CONTINUED ON NEXT PAGE) § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to these matters. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. W. Kim, 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.