Citation Nr: 21067732 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 12-08 927 DATE: November 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1961 to May 1964. In February 2013, the Veteran testified at a Board hearing before a now-retired Veterans Law Judge. A transcript of the hearing is of record. In February 2018, VA informed the Veteran that he had the right to request another hearing to be conducted by a Veterans Law Judge who would decide the issue on appeal. The Veteran did not request a new hearing. The claim was most recently before the Board in April 2021 when it was remanded for further development. Entitlement to service connection for an acquired psychiatric disorder is remanded. The claim must be remanded again because the September 2021 VA examination addendum medical opinion did not substantially comply with the Board's April 2021 remand directives in providing diagnoses for all acquired psychiatric disorders diagnosed during the pendency of the appeal including any that have since resolved and address whether any diagnosed acquired psychiatric disorder the Veteran may had had during the pendency of the appeal was due to his military service even if it had since resolved. The record shows that since the beginning of the period on appeal in 2010, the Veteran was diagnosed with anxiety disorder, NOS and major depressive disorder, to include a failed suicide attempt in 2013. The Veteran was most recently diagnosed in with neurocognitive disorder. Since, the September 2021 VA examination opinions did not substantially comply with the April 2021 remand directives, an addendum VA examination is warranted. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Obtain a VA opinion regarding the nature and etiology of any acquired psychiatric disorders diagnosed during the pendency from a medical professional with appropriate expertise. The claims file should be available to the examiner and a notation made on the report that the claims file was reviewed. If the requested opinions cannot be rendered without an examination, then schedule the Veteran for an examination (or a telehealth interview, if an in-person examination is not feasible). (a) Provide diagnoses for all acquired psychiatric disorders diagnosed during the pendency of the appeal beginning in 2010, including any that have since resolved. (b) As to each acquired psychiatric disorders diagnosed during the pendency of the appeal, provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that it is due to a disease or injury while on active duty. (c) If the answer to (b) is no, then is it is at least as likely as not (50 percent or greater probability) that any acquired psychiatric disorders diagnosed during the pendency of the appeal was caused by his service-connected tinnitus. (d) If the answer to (c) is no, then is it is at least as likely as not (50 percent or greater probability) that any acquired psychiatric disorders diagnosed during the pendency of the appeal was aggravated by his service-connected tinnitus. The examiner is informed that aggravation here is defined as any increase in disability. If aggravation is present, the clinician should indicate, to the extent possible, the approximate level of disability (baseline) before the onset of the aggravation. A complete rationale must be provided for all opinions, citing to supporting factual data and medical literature, as appropriate. If the examiner cannot provide an opinion without resort to speculation, the examiner must state why that is and what additional information is needed to provide the opinion. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. G. Perkins, 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.