Citation Nr: 21072046 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 16-17 283 DATE: December 2, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1963 to January 1970. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2014 by the Department of Veterans Affairs (VA) Regional Office. In an October 2020 Board decision, in pertinent part, denied entitlement to service connection for a psychiatric disability. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In September 2021, the Court granted a Joint Motion for Remand (JMR), vacating the Board's October 2020 decision in pertinent part and remanding the case to the Board for action consistent with the JMR. Entitlement to service connection for a psychiatric disability is remanded. The Veteran contends that service connection is warranted for a psychiatric disabilty. In the September 2021 JMR, the parties agreed that the Board failed to provide an adequate reasons and basis for finding that the Veteran did not have a current psychiatric disability. The parties noted that the previous Board decision found that the Veteran did not have a current diagnosis of a psychiatric disability and that an April 2011 diagnosis of an adjustment disorder was two and a half years prior to the Veteran filing a claim for service connection for a psychiatric disability was not recent enough to the claim filed in September 2013. After a review of the evidence and resolving reasonable doubt in the Veteran's favor, the Board now finds there is a current disability for adjudication purposes. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(d). As noted in the JMR, an August 2018 VA treatment record reflects an impression of depression. Furthermore, the Board finds that the April 2011 diagnosis is sufficiently proximate enough to the claim filed for service connection in September 2013 and a current disabilty is now established. Based on these pieces of competent medica evidence, the current disability requirement is satisfied "when the record contains a recent diagnosis of disability prior to... filing a claim for benefits based on that disability." See Romanowsky v. Shinseki, 26 Vet. App. 289, 294 n3 (2013) (noting that a determination that a diagnosis is sufficiently proximate to the filing of a claim so as to constitute evidence of a "current diagnosis" is a factual finding to be made by the Board in the first instance). Thus, the first element of service connection, the existence of a current disability, is satisfied. Additionally, now with a current disability established and in light of the Veteran's claim in-service stressors, the Board finds that this matter must be remanded to schedule the Veteran for a new VA examination to determine the etiology of the diagnosed psychiatric disability and the VA examiner will be instructed to observe that a current psychiatric disability for compensation has been established. This matter is are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any current psychiatric disorder. The examiner is to review the claims file, including a copy of this Remand. The examiner is to identify any current psychiatric disorders, to include PTSD, adjustment disorder, and depression. The examiner must provide an opinion regarding whether it is at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric disabilty had onset in, or is otherwise related to, active military service. For the purposes of providing the above opinion, the examiner is to note the Veteran has a current psychiatric disabilty per an April 2011 VA treatment records showing a diagnosis of adjustment disorder with mixed emotions and an August 2018 VA treatment record reflects an impression of depression. (Continued on the next page) For information on the Veteran's claim stressors, see, for example, Correspondence received by VA on September 16, 2013. The examiner must provide a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Dworkin, 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.