Citation Nr: 21067129 Decision Date: 11/03/21 Archive Date: 11/03/21 DOCKET NO. 17-12 298 DATE: November 3, 2021 ORDER Entitlement to service connection for psychosis, for the purpose of establishing eligibility for treatment under the provisions of 38 U.S.C. § 1702 is dismissed. REMANDED Entitlement to service connection for gout is remanded. Entitlement to service connection for a low back disability is remanded. FINDING OF FACT As a June 2021 rating decision granted service connection for major depressive disorder for the entire appeal period, the appeal as to the issue of entitlement to service connection for psychosis, for the purpose of establishing eligibility for treatment under the provisions of 38 U.S.C. § 1702, is moot. CONCLUSION OF LAW The claim for entitlement to service connection for psychosis, for the purpose of establishing eligibility for treatment under the provisions of 38 U.S.C. § 1702, is dismissed. 38 U.S.C. §§ 1702, 7105(d)(5); 38 C.F.R. § 3.102, 3.303, 3.384, 17.36. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1979 to August 1983. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a video conference hearing before the undersigned Veterans Law Judge of the Board of Veterans' Appeals (Board) in March 2020. A transcript of that hearing has been associated with the claims file. In June 2020, the Board reopened and remanded the claims for service connection for a low back disability and acquired psychiatric disability, denied an increased rating for right epididymitis and vasitis, and also remanded the claims for service connection for gout and psychosis for additional development. During the pendency of this appeal, service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder, was granted by a June 2021 rating decision, thereby constituting a full grant of the benefits sought on appeal and thus, this issue is no longer in appellate status before the Board. Dismissal Service Connection for Psychosis, for the Purpose of Establishing Eligibility for Treatment As noted above, a June 2021 rating decision granted service connection for major depressive disorder for the entire appeal period. The Veteran will be afforded equal or greater access to VA treatment by virtue of his now established award of service connection for an acquired psychiatric disability. See 38 U.S.C. § 1710; 38 C.F.R. § 17.36. Therefore, the appeal as to the issue of entitlement to service connection for psychosis, for the purpose of establishing eligibility for treatment under the provisions of 38 U.S.C. § 1702, is dismissed as moot. REASONS FOR REMAND Service Connection for Gout and Low Back Disability Although VA examinations and opinions for the Veteran's gout and low back were obtained in May 2021, pursuant to the Board's June 2020 remand, the VA examiner failed to consider the Veteran's lay statements regarding an injury to the back in service and that gout in the left toe began in service and did not address the findings of left great toe pain of unknown etiology in the service treatment records (STRs) per the Board's remand instructions in the June 2020 decision. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007); Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008); Stefl v. Nicholson, 21 Vet. App. 120, 124 (2007). Compliance with the Board's remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all pertinent VA and private medical records the Veteran adequately identifies. 2. Upon receipt of all additional records, the claims file should be forwarded to an appropriate VA specialist to provide an addendum opinion in order determine the current nature and etiology of his gout of the left foot. The examination report is to contain a notation that the examiner reviewed the claims file. Please NOTE: the Veteran is competent to attest to any lay observable symptoms and past treatment, including his reported history of gout in the left toe beginning in service. The examiner should address the service treatment records (STRs) demonstrating treatment for the left great toe pain with unknown etiology. The examiner is asked to answer the following: (a). Please specify the current diagnosis(es) of any gout or left foot disability. (b). The examiner is then asked to furnish an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any currently diagnosed gout or left foot disability: (1) had its onset during the Veteran's active service; (2) if arthritis is found, has it manifested within one year of his separation from active service or, (3) was caused by any incident or event that occurred during such period, including the treatment for his left toe pain and swelling in service. It is essential the examiner provide explanatory rationale for opinions on these determinative issues, citing to specific evidence in the file supporting conclusions 3. Upon receipt of all additional records, the claims file should be forwarded to an appropriate VA specialist to provide an addendum opinion in order determine the current nature and etiology of his low back disability. The examination report is to contain a notation that the examiner reviewed the claims file. Please NOTE: the Veteran is competent to attest to any lay observable symptoms and past treatment, including his report of a back injury from heavy lifting in service. Please also NOTE: the post-service medical evidence reflects treatment for the low back as early as September 1986, within three years of his separation from active service. The examiner is asked to answer the following: (a). Please specify the current diagnosis(es) of any low back disability. (b). The examiner is then asked to furnish an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any currently diagnosed low back disability: (1) had its onset during the Veteran's active service; (2) if arthritis is found, has it manifested within one year of his separation from active service or, (3) was caused by any incident or event that occurred during such period, including the Veteran's lay statements of injuring his back from heavy lifting in service. It is essential the examiner provide explanatory rationale for opinions on these determinative issues, citing to specific evidence in the file supporting conclusions. JENNIFER HWA Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Saira Spicknall, 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.