Citation Nr: 21076344
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 16-32 412
DATE: December 23, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the Marine Corps from July 1998 to July 2002 and in the Army from November 2005 to August 2013, including service in Iraq from October 2006 to December 2007.

The Board remanded this claim for additional development in November 2018 and August 2021.

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and a psychiatric disorder manifested by insomnia is remanded.

The Veteran seeks service connection for acquired psychiatric disorder, to include PTSD and a psychiatric disorder manifested by insomnia.  See October 2018 Appellate Brief.  

As previously noted, the Board remanded this claim to obtain outstanding treatment records from March 2020 to the present.  See August 2021 Board remand.  The Veteran's VA treatment records show a diagnosis of depression and the Veteran seeking treatment for depression.   See March 2020 VA treatment records.  Additionally, the Veteran's treatment records indicate that the Veteran's psychiatric disorder may be related to his service-connected lumbar spine disability.  

In light of the Veteran's treatment records, the Board finds that a remand is warranted in order to provide the Veteran with a VA examination to ascertain the nature of the Veteran's psychiatric disorder, as well as to obtain an opinion as to the onset and etiology of the Veteran's psychiatric disorder on both a direct and secondary service connection basis.

The matters are REMANDED for the following action:

1. Notify the Veteran that he may submit additional lay statements from himself and from other individuals who have first-hand knowledge, and/or were contemporaneously informed of any in-service and post-service psychiatric symptoms, to include the onset of his psychiatric symptoms and the relationship, if any, between his psychiatric problems and his service-connected disabilities.

2. Schedule a VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the onset, nature and etiology of any psychiatric disorder(s) found to be present.

Based on a review of the file and the lay evidence regarding the onset of his psychiatric problems, the examiner should respond to the following:

(a)	Identify all psychiatric disorder(s) found to be present. 

(b)	With respect to each diagnosed psychiatric disorder, opine whether it is at least as likely as not each disorder had its onset in service or is related to service.

(c)	With respect to each diagnosed psychiatric disorder, opine whether it is at least as likely as not such disorder is proximately due to his service-connected lumbar spine disability.  

(d)	With respect to each diagnosed psychiatric disorder, opine whether it is at least as likely as not such disorder was aggravated by his service-connected lumbar spine disability.

A complete rationale should be given for all opinions and conclusions expressed.  Please note that separate opinions addressing proximate cause and aggravation are needed.  If unable to provide a medical opinion, provide a statement as to whether there is any additional evidence that could enable an opinion to be provided, or whether the inability to provide the opinion is based on the limits of medical knowledge.  

 

Jarrette A. Marley

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jordan, Jacquelynn

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.