Citation Nr: 21065051 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 16-15 010 DATE: October 22, 2021 REMANDED Entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), depression, and anxiety, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1968 to April 1971 and from May 1971 to May 1973. In April 2020, the Board remanded this case for additional development. The Board finds that there has not been substantial compliance with the remand requests. Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), depression, and anxiety is remanded. In the April 2020, the Board noted that the Veteran's service medical records showed June 1968 diagnoses of conversion reaction and psychoneurosis with hysteria. The Board also noted that current VA medical records showed diagnoses of depression and anxiety. Therefore, the Board requested an opinion regarding the etiology of a psychiatric disability, to include depression and anxiety. The Board requested that the examiner address whether a psychiatric disability had its onset in service, was aggravated by service, or was otherwise related to any incident of service. The Board requested that the examiner comment on the service medical record from June 1968. A May 2020 VA examination diagnosed PTSD. The examiner opined that PTSD, with symptoms of depression and anxiety, was not related to service. The examiner stated that the service medical records did not show report, diagnosis, or treatment of symptoms of PTSD or other mental health symptoms. The examiner stated that as the Veteran was not being diagnosed with another mental health disorder, in addition to or other than PTSD and no opinion was necessary. The Board finds the opinion incomplete. The requirement of a current disability is satisfied if the veteran has a disability at the time a claim for service connection is filed or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim. McClain v. Nicholson, 21 Vet. App. 319 (2007). The medical evidence shows that the Veteran was diagnosed with other psychiatric disorders during the pendency of the claim. For example, a September 2019 psychiatry note shows a diagnosis of depression. Therefore, a nexus opinion was necessary for any psychiatric disorders that were diagnosed during the pendency of the appeal. When VA provides an examination or obtains an opinion, the examination or opinion must be adequate. Barr v. Nicholson, 21 Vet. App. 303 (2007). The opinion is incomplete because examiner did not comment on the service medical record from June 1968. The Board notes that a remand confers on the Veteran the right to compliance with the terms of that remand. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, remand is necessary. The matter is REMANDED for the following action: 1. With any necessary authorization from the Veteran, obtain all outstanding VA and private treatment records. All attempts to locate those records must be documented in the claims folder 2. Then, schedule the Veteran for a VA examination with a psychiatrist or psychologist who has not previously examined the Veteran to determine the nature and etiology of any psychiatric disability. The examiner should elicit complete history from the Veteran. The examiner must review the claims file and should note that review in the report. Any tests and studies deemed necessary by the examiner should be conducted. All findings should be reported in detail. The examiner should identify any pertinent pathology found and should diagnose any current psychiatric disability. The examiner should specifically state whether or not each criterion for a diagnosis of PTSD is met. The examiner is to be informed that none of the Veteran's claimed stressors have been verified. As to each pertinent disability identified on examination, the VA examiner should express an opinion as to whether it is at least as likely as not (50 percent probability or more) that each psychiatric disability, to specifically include diagnosed depression and anxiety, had its onset in service, was aggravated by service, or is otherwise related to any incident of service. The examiner is requested to comment on the service medical record form June 1968 which contains diagnoses of conversion reaction and psychoneurosis with hysteria. If the diagnostic criteria to support a diagnosis of PTSD have been satisfied and a diagnosis of PTSD is deemed appropriate, the examiner must comment upon any link between the current symptomatology and any of the service stressors reported by the Veteran. The examiner must specifically state whether PTSD is present due to the Veteran's fear of hostile military or terrorist activity of the type contemplated by 38 C.F.R. § 3.304(f)(3). The rationale for all opinions expressed should be provided. Harvey P. Roberts Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E.O., 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.