Citation Nr: 21072044 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 17-32 889 DATE: December 2, 2021 REMANDED Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1965 to February 1967. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2013 rating decision of a VA Regional Office (RO). In October 2019, the Board remanded the claim for further development. Remand is required to obtain an adequate VA opinion. In this regard, the April 2020 VA examiner's opinion did not address whether the Veteran's personality disorder caused or aggravated a superimposed psychiatric disability or was aggravated by service. The Board recognizes that a personality disorder is considered a "defect" that is not a "disease" or "injury" within the meaning of applicable legislation for VA disability compensation purposes and; therefore, cannot be service connected. 38 C.F.R. §§ 3.303 (c), 4.9, 4.127. However, the provisions of 38 C.F.R. § 4.127 provide that disability resulting from a mental disorder that is superimposed upon a personality disorder may be service connected. VAOPGCPREC 82-90; Monroe v. Brown, 4 Vet. App. 513, 514-15 (1993). The VA opinion of record does not address this aspect of the claim, and thus, the Board finds that a new VA opinion is warranted. See Barr v. Nicholson, 21 Vet. App. 303 (2007). The matter is REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Schedule the Veteran for an examination by a psychiatrist or psychologist to determine the nature and cause of any personality disorder. Based on a review of the record, examination of the Veteran, and any tests or studies deemed necessary, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) any current psychiatric disability was superimposed on top of the Veteran's diagnosed personality disorder while in service. In providing all of the requested opinion, the examiner should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Hemphill 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.