Citation Nr: 21069456
Decision Date: 11/18/21	Archive Date: 11/18/21

DOCKET NO. 17-28 456
DATE:  November 18, 2021  

REMANDED

Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), depression, and anxiety is remanded.

REASONS FOR REMAND

The Veteran had active service from May 1977 to June 1977.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In March 2020, the Veteran testified in a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of that proceeding has been associated with the claims file. 

The appeal was previously before the Board in April 2020 and June 2021, and was remanded for further development. The appeal has now been returned to the Board for further appellate action.

A remand is necessary in order to ensure compliance with the June 2021 Board remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Specifically, in the June 2021 Board remand, the agency of original jurisdiction was instructed to schedule the Veteran for a VA examination, and if the examiner concluded that no psychiatric disorder was shown, he or she must reconcile prior diagnoses, and explain how they have resolved or no longer show any pathology. In doing so, the examiner was directed to explain the nature and etiology of the Veteran's reported symptoms.

The Veteran was afforded another VA examination in August 2021. While the examiner found that the Veteran's previous diagnoses had resolved she did not fully explain how they resolved, nor did she explain the nature and etiology of the Veteran's reported symptoms. Accordingly, a remand is required to obtain another VA opinion. 

The matters are REMANDED for the following action:

1. VA should obtain a new opinion for the Veteran's acquired psychiatric disabilities in accordance with the June 2021 remand directives. 

2. Confirm that all medical opinions provided comport with this remand, and undertake any other development found to be warranted.

3. Then, readjudicate the remaining issue on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Cannaday, 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.