Citation Nr: 21071210 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 16-40 282 DATE: November 30, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, anxiety, and depression, is remanded. REASONS FOR REMAND The Veteran served on active duty from January 3, to December 6, 2002. He was also a member of the Army National Guard for over 24 years until his retirement in December 2002. The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in March 2021. The record was held open for 60 days so that the Veteran could submit additional evidence. A transcript of the hearing has been associated with the record. The Veteran's claims were previously remanded by the Board in a June 2021 decision. The Board finds that the RO has substantially complied with the June 2021 Board remand directives. See Stegall v. West, 11 Vet. App. 268 (1998). However, while the Board sincerely regrets the additional delay, a remand is again necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, anxiety, and depression, is remanded. The Veteran contends that his acquired psychiatric disorder is due to an incident he witnessed in service. In August 2021, the Veteran was afforded an updated VA examination regarding his claimed acquired psychiatric disability. The VA examiner concluded that the Veteran did not have a current diagnosis of an acquired psychiatric disability and had not had one at any time proximate to the claim on appeal. The Board finds that this examination is inadequate because the examiner's opinion appears to be based on an inaccurate factual premise. In formulating his conclusion, the examiner indicated that there were no treatment records after 2017. However, subsequent to the examination, VA mental health treatment records were added to the record showing diagnosis and treatment of depression in 2020. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (holding that an opinion based upon an inaccurate factual premise has no probative value). Accordingly, remand is required to obtain an updated examination with full consideration of the treatment records showing the Veteran has a diagnosed acquired psychiatric disorder. Barr v. Nicholson, 21 Vet. App. 303 (2007) (holding that once VA undertakes an examination, it must provide an adequate one). The matters are REMANDED for the following action: 1. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD) or any other acquired psychiatric disability. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include witnessing the death of another soldier at Fort Stewart, Georgia. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Taylor, 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.