Citation Nr: 21066865
Decision Date: 11/02/21	Archive Date: 11/02/21

DOCKET NO. 15-02 479
DATE: November 2, 2021

REMANDED

Entitlement to service connection for major depressive disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1976 to January 1979. 

In October 2019 a videoconference hearing was held before the undersigned Veterans Law Judge (VLJ).  A transcript is of record.

In April 2021, the Board most recently remanded the current claim for additional development.  

Entitlement to service connection for major depressive disorder is remanded.

The record shows a current diagnosis for major depressive disorder.  Moreover, through his Board hearing testimony and in his VA treatment records, the Veteran has indicated he became depressed after an incident occurred, during his active duty service, where his brother was killed by his other brother.  See November 2004 VA Treatment records.  The Board finds that such evidence is sufficient to trigger VA's duty to assist to provide a VA examination.  See McLendon v. Nicholson, 20 Vet. App. 79, 81-84 (2006).

The matter is REMANDED for the following action:

Obtain a VA examination and opinion from an appropriate examiner to determine the nature and etiology of the Veteran's major depressive disorder.  The claims folder (including a copy of this remand) must be provided to and reviewed by the examiner as part of the examination.  All indicated tests should be accomplished and all clinical findings reported in detail.

The examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's major depressive disorder had its onset in or is otherwise related to active duty service. 

In rendering the above opinion, the examiner must specifically consider and discuss the Veteran's statements indicating that he may have developed depression during service after an incident occurred where his brother was killed by his other brother.  See November 2004 VA Treatment records and October 2019 Board Hearing Testimony.  

The examiner is advised that the Veteran is competent to report his symptoms/history and that such reports must be acknowledged and considered in formulating any opinion. If his reports are discounted, the examiner should provide a reason for doing so.

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A rationale for all requested opinions shall be provided. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation stating why this is so. In so doing, the examiner shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question.

 

 

A. ISHIZAWAR

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Metzner, Paul

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.