Citation Nr: 21071787 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 13-25 601 DATE: December 1, 2021 REMANDED Entitlement to service connection for a psychiatric disability, to include bipolar disorder and anxiety, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from June 1972 to May 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office in Montgomery, Alabama. In April 2018 and July 2020, the Board remanded this matter to the Regional Office for further evidentiary development. However, the Board regrets further delay, as an additional development is required before it may render a fully-informed decision on this issue on appeal. In April 2018, and most recently, July 2020, the Board remanded the service connection claim for an acquired psychiatric disability for the Regional Office to schedule the Veteran for a VA examination, for purposes of obtaining an etiological opinion for his acquired psychiatric disability. Accordingly, in September 2021, the Veteran was afforded a VA examination for mental conditions. In a September 2021 VA examination report, a VA examiner opined that based on his review of available records, the Veteran's presentation, and the results of the September 2021 VA examination, it is his professional opinion that the Veteran is not mentally ill, and that currently, he does not have any DSM-V diagnoses. In rendering this opinion, however, the VA examiner does not further expound on his reasons for finding that the Veteran is not mentally ill. To the contrary, however, numerous medical treatment records indicate that the Veteran has a history of bipolar disorder, anxiety, and depression. See e.g. September 2020 Medication Management Note (indicating that the Veteran is taking medication for anxiety and depression); see too, September 2020 Psychiatry Telephone Encounter Note (providing an assessment of the Veteran's condition, indicating that the Veteran was satisfied with control of symptoms of bipolar disorder, but that he requested that he resume taking citalopram for treatment of unspecified anxiety disorder). Nonetheless, the VA examiner did not address, discuss, or reconcile the discrepancy between the findings from these medical treatment records and his finding that the Veteran does not have a mental disability. As a matter of law, a Board remand affords a Veteran or other claimant the right to substantial compliance with the remand order. Stegall v. West, 11 Vet. App. 268, 271 (1998). Thus, as this VA opinion is not in substantial compliance with prior Board remand directives, it is inadequate. Therefore, a remand is required for a new VA opinion on the etiology of the Veteran's acquired psychiatric disability. The matters are REMANDED for the following action: 1. Obtain a new opinion on the etiology of the Veteran's psychiatric disability. The VA examiner must review a complete claims file and must note that review in the report. A copy of this REMAND must also be provided to the VA examiner. The VA examiner must undertake the following: a. For each diagnosed psychiatric disability, opine whether it is at least as likely as not (more than 50 percent probability) the pertinent psychiatric disability is the result of an in-service injury, illness or event; was incurred in active service; and/or is otherwise related to the Veteran's active service. b. In rendering an opinion, please consider the Veteran's lay statements about onset, continuity of symptoms, and any other pertinent details about his claimed psychiatric disability. c. A detailed explanation is requested for all opinions. If an opinion cannot be provided without resorting to speculation, please explain why this is the case, and explain what, if any, additional evidence would permit such an opinion to be rendered. M. Tenner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board V-N. Pratt 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.