Citation Nr: 21074573 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 15-40 008 DATE: December 15, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), unspecified trauma and stressor related disorder, major depressive disorder, insomnia, and alcohol use disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1992 to July 1994. This matter comes before the Board of Veterans Appeals (Board) on appeal from an August 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In April 2020, the Board denied the entitlement to service connection for PTSD. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In December 2020, the Court issued an Order granting a Joint Motion for Partial Remand (JMPR) vacating and remanding the Board's April 2020 decision. This matter was last before the Board in March 2021, when it was remanded for further development. 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), unspecified trauma and stressor related disorder, major depressive disorder, insomnia, and alcohol use disorder The Court found that the August 2019 medical opinion was not adequate as to the Veteran's claim for an acquired psychiatric disability. Specifically, the JMPR noted the examiner failed to provide an opinion as to the etiology of Veteran's acquired psychiatric disorder. While the examiner identified several possible causes for the Veteran's acquired psychiatric disability, including events that occurred during active service, such as the death of the Veteran's child in 1994, the examiner did not state whether it was as likely as not that a particular incident caused the Veteran's current acquired psychiatric disability. The Veteran has suggested among other things that his current acquired psychiatric disorder is due to a diagnosis of herpes in service and/or the death of his child in 1994. In August 2019, a VA examiner opined that the Veteran's herpes is at least as likely as not incurred in or caused during service. In June 2020, the Veteran submitted evidence of the death of his child in August 1994. In accordance with the JMPR, the matter was remanded for an etiology of the Veteran acquired psychiatric disorder. A September 2021 VA examiner failed to provide an opinion on whether MDD is related to service, noting that the Veteran has no current diagnosis for MDD. As the Veteran was diagnosed with MDD during the cause of the appeal, a remand is warranted for an addendum opinion. Additionally, as the Veteran is service connected for herpes, an opinion on whether the Veteran's acquired psychiatric disorder was aggravated by his herpes diagnosis is warranted. The matters are REMANDED for the following action: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have recently treated him for his claimed disability. After securing any necessary releases, request any relevant records identified. In addition, obtain updated VA treatment records. If any requested records are unavailable, the Veteran should be notified of such. 2. After records development is completed, obtain an addendum opinion regarding the Veteran's acquired psychiatric disorder claim. If an examination is deemed necessary to respond to the questions presented, one should be scheduled. Following review of the claims file, the examiner should address the following: (a.) Whether it is at least as likely as not (50 percent probability or greater) that the Veteran's acquired psychiatric disorder, to include major depressive disorder diagnosed during the course of the claim, is related to his military service, to include being diagnosed with herpes in 1993 and the death of his child in 1994. (b.) If not caused by service, is it at least as likely as not (50 percent probability or better) that the Veteran's acquired psychiatric disorder has been caused by the service-connected herpes? Please explain why or why not. (c.) If not caused by the service-connected herpes, is it at least as likely as not that the Veteran's acquired psychiatric disorder has been worsened beyond the normal progression (aggravated) by the service-connected herpes? Please explain why or why not. (d.) If the examiner finds that an acquired psychiatric disorder has been aggravated by the service-connected herpes, the examiner should attempt to determine the baseline level of the acquired psychiatric disorder prior to aggravation. A complete rationale for all opinions expressed should be provided. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Asare, Associate 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.