Citation Nr: 21072348 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 17-06 217 DATE: December 2, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1978 to August 1981. He also served in the National Guard from 1985 to 1992. This matter before the Board of Veterans' Appeals (Board) is on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina (Agency of Original Jurisdiction (AOJ)). The Veteran testified at a video conference hearing before the undersigned in November 2019. A transcript of the proceeding is of record. This matter was most recently before the Board in May 2021. The Board remanded on the issue of entitlement to service connection for an acquired psychiatric disorder to seek an addendum medical opinion, as the opinion of record was deemed inadequate. A review of the file reflects that a new examination was completed and an addendum opinion was rendered. To that end, the Board finds that the AOJ substantially complied with the remand directive in accordance with Stegall v. West, 11 Vet. App. 268, 271 (1998). Nonetheless, a remand is necessary for the reasons outlined below. In the Board's prior remand, the Board explained that while a positive etiology opinion for PTSD was of record, the opinion was based on an unverified stressor. Additionally, the opinion contradicted objective medical evidence of record; specifically, it failed to acknowledge the Veteran's concurrent diagnosis of depression. The remand instructions demanded a new opinion that determined whether any acquired psychiatric disorder is at least as likely as not (1) incurred in or otherwise etiologically related to service; (2) proximately due to a service-connected disability; or (3) aggravated (a discernable increase in disability) by a service-connected disability. Prior to receiving the new VA examination, the Veteran submitted evidence from the Aviation Safety Network (ASN) appearing to corroborate and verify the in-service stressor he cites for his acquired psychiatric disorder. However, a banner across the top of the website states, "This information is added by users of ASN. Neither ASN nor the Flight Safety Foundation are responsible for the completeness or correctness of this information." As such, further verification of this event is needed. Moreover, the Board has determined that the opinion received in August 2021 is inadequate for adjudication purposes. The examiner opined it is less likely than not that the Veteran's acquired psychiatric disorder to include PTSD and/or depression is proximately due to or the result of his service-connected condition(s). He also stated it is less likely than not that the Veteran's acquired psychiatric disorder to include PTSD and/or depression was incurred in or caused by an in-service event. He rationalized by stating, "Veteran's current diagnosis meets DSM criteria, but there is no evidence that it is related to the Veteran's military service. There is no report of mental health issues during the Veteran's service time and no consistent report of ongoing mental health problems since military service. Therefore, there is no nexus between military service and current symptoms." He then opined it was not at least as likely as not that the Veteran's condition was aggravated beyond its natural progression by a service-connected condition, but he did not provide rationale to support this opinion. On remand, the AOJ should attempt to verify the Veteran's stressor cited in the ASN report. Moreover, an addendum opinion should be sought, requesting that the examiner who provided the August 2021 opinion rationalize why he found it is less likely than not that the Veteran's acquired psychiatric disorder was aggravated beyond its natural progression by his service-connected shoulder condition. The matters are REMANDED for the following action: 1. Contact the appropriate entity and attempt to verify the stressor cited by the Veteran for his acquired psychiatric condition (the helicopter crash in Tamarack, Pennsylvania in October 1979 with two fatalities). See Military Personnel Record received June 21, 2021. 2. Then, AOJ should seek an addendum opinion from the examiner who performed the August 2021 VA examination, if available. The claims file must be made available to and be reviewed by the examiner. The examiner is asked to provide a rationale in support of his determination that it is less likely than not that the Veteran's shoulder condition aggravated his acquired psychiatric disorder to include PTSD and depression beyond its natural progression. The examiner must provide all findings, along with 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. 3. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Victoria A. Banis, 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.