Citation Nr: 21073533
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 18-49 918A
DATE: December 9, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depression, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to August 1968.

Although VA has previously framed the issue solely as one involving PTSD, the Veteran has been diagnosed with a depressive disorder and there are treatment records showing depression.  Consequently, the issue has been recharacterized as "entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depression."  See Clemons v. Shinseki, 23 Vet. App. 1 (2009).

VA provided the Veteran a PTSD medical examination in January 2018.  The VA examiner stated that the Veteran did not have PTSD.  He thought that the Veteran might have a personality disorder, but stated that given the limited scope of the examination a more extensive evaluation to evaluate the possibility of a personality disorder could not be conducted.  Considering that there is some evidence in the file that the Veteran has a depressive disorder, and the failure of the January 2018 examiner to conduct a thorough and complete psychiatric examination, the Board finds that the January 2018 VA examination report is insufficient to adjudicate the Veteran's claim.  If VA provides an examination, that examination must be adequate.  Barr v. Nicholson, 21 Vet. App. 303 (2007).  The Veteran must be provided a VA psychiatric examination that reviews the Veteran's medical history and determines whether the Veteran has a personality disorder, whether he has a current depressive disorder that is related to service, and which evaluates for any and all other psychiatric disability that may be present.  Therefore, a remand is necessary for an adequate examination.  See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007).

The matters are REMANDED for the following action:

1. The RO should request copies of the Veteran's updated VA treatment records.

2. The Veteran should be afforded a VA psychiatric examination to determine the nature and etiology of any/all mental health disorders present.  The VA examiner is asked to review the Veteran's medical history for any psychiatric disorders found and provide an opinion as to whether it is at least as likely as not that the Veteran has a current psychiatric disorder that first developed during service or is otherwise related to service.  The examiner is also asked to provide an opinion as to whether it is at least as likely as not the Veteran has a current depressive disorder that first developed during service or is otherwise related to service.

The examination report must include a complete rationale for all opinions expressed.  If the examiner feels that a requested opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training).

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. E. Jones, 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.