Citation Nr: 21076704 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 16-35 584A DATE: December 27, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from February 1971 to February 1974 and from August 1974 to September 1976. This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). A Board hearing was held before the undersigned in December 2018. A transcript of the hearing is of record. This matter was previously before the Board in June 2019, March 2020, June 2020, and February 2021 when it was remanded for further development. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. Although the additional delay is regrettable, the Board finds further development is required before a decision can be made on the Veteran's claim. At the outset, the Board notes that the scope of the Veteran's claim was previously limited to exclude PTSD. However, the Board now finds it has jurisdiction to decide the PTSD claim. See Grimes v. McDonough, 34 Vet. App. 84 (2021). In April 2021, the United States Court of Appeals for Veterans Claims (Court) issued a decision in Grimes v. McDonough. In Grimes, the Board referred a claim for service connection for hyperacusis (painful, hypersensitive hearing) to the Agency of Original Jurisdiction (AOJ) for initial development and adjudication. The Court held that the Board clearly erred in referring the claim, rather than deciding it as part of either the claim for an initial compensable rating for hearing loss, or the claim for service connection for a sinus disability. Id. The Court explained that the Veteran's filings and actions reflected his intent to seek compensation for hyperacusis as part of his original claim and reasoned that under the rule of Clemons v. Shinseki, 23 Vet. App. 1 (2009), "a claim for service connection may encompass a related condition that is initially referenced by the claimant but not diagnosed until later in the appeal stream, regardless of whether the claim is initially granted or denied by the [AOJ]." Id. The Board finds that, similar to the Veteran in Grimes, the Veteran's actions and filings in this case reflect an intent to seek compensation for any acquired psychiatric condition, regardless of the diagnosis, as he is seeking compensation for the affliction caused by his psychiatric condition. Therefore, although the Veteran filed a separate claim for PTSD which was denied by the AOJ, the Board finds the Veteran's appeal includes service connection for PTSD. Turning to the merits of the claim, in March 2021, a VA examiner opined that the Veteran's bipolar II disorder was not related to his service, including serving on funeral detail. In support of the opinion, the examiner indicated that the Veteran's service treatment records were silent for a clear and separate diagnosis of bipolar II disorder, that a September 1977 report of medical examination noted a normal psychiatric evaluation, and that prior medical examinations during service were consistent with no significant bipolar symptoms. However, the Board finds the opinion inadequate as the examiner failed to adequately address the Veteran's in-service treatment for psychiatric symptoms, including episodes of anxiety, nervousness and shaking, night sweats, and fear reactions. In light of this, the Board finds remand for a new medical opinion is required. Additionally, regarding the Veteran's diagnosed PTSD, the record reflects that, in June 2015, the Veteran was sent a development letter requesting that he provide more specific details of his stressor events that resulted in PTSD. The Veteran did not respond to the request and, in July 2015, the AOJ issued a formal finding of a lack of information required to corroborate stressor(s) associated with a claim for PTSD. In October 2019, the Veteran was sent an additional letter requesting he provide more information regarding his stressors, to include funeral details. The Veteran did not respond to this request. In July 2020, the Veteran underwent a VA examination in which he was diagnosed with PTSD and bipolar II disorder. In March 2021, the examiner provided an opinion in which she indicated that the Veteran's PTSD was related to his active service, noting that the Veteran reported a traumatic stressor of funeral detail, among other military-related traumatic events. In September 2020, the Veteran was sent another letter requesting he provide information regarding his stressor(s). The Veteran again, did not respond to this request. While the Veteran has not assisted the AOJ in their attempts to verify his reported stressors, the Board acknowledges that a positive nexus opinion linking his PTSD to his service is of record and will provide him with another opportunity to submit the requested information as the claim seeking service connection for an acquired psychiatric disorder is being remanded anyway. Thus, on remand, the Veteran shall be provided another opportunity to submit the requested information. The matters are REMANDED for the following action: 1. Request that the Veteran complete and submit VA Form 21-0781, Statement in Support of Claim for Service Connection for Posttraumatic Stress Disorder. Inform the Veteran that the duty to assist is not a one-way street and that he has a duty to cooperate with VA and facilitate needed development for his claim. See Wood v. Derwinski, 1 Vet. App. 190, 193 (1991). Also, inform him that his failure to submit the requested information may result in denial of his claim. 2. After completing the development requested in item (1), complete any research necessary to corroborate the Veteran's alleged stressors. Thereafter, issue a formal finding regarding corroboration of the stressors. 3. Obtain an addendum opinion from an appropriate clinician addressing the nature and etiology of the Veteran's bipolar II disorder. The Veteran's claims file, including this remand, must be made available to the examiner for review in connection with his request. An examination should only be scheduled if the examiner deems one is necessary to provide the requested opinion. Following a review of the Veteran's claims file, the examiner is asked to provide an opinion as to whether it is at least as likely as not the Veteran's bipolar II disorder onset in or is otherwise related to his active service, including working funeral detail and his in-service treatment for psychiatric symptoms, including anxiety. The clinician is advised that the Board has made a finding that the Veteran's psychiatric disorder did not preexist his first period of service. Thus, the opinion should not be based on a conclusion that the condition preexisted service. A complete rationale for all opinions must be provided. If the clinician cannot provide a requested opinion without resorting to speculation, it must be so stated, and the clinician must provide the reasons why an opinion would require speculation. The clinician must indicate whether there was any further need for information or testing necessary to make a determination. Additionally, the clinician must indicate whether any opinion could not be given due to limitations of knowledge in the medical community at large and not those of the particular clinician. M. SORISIO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Jiggetts 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.