Citation Nr: 21076789
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 13-35 831
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 December 1975 to December 1978. Unfortunately, during the pendency of the present appeal, the Veteran died in February 2019.  In April 2020, the Agency of Original Jurisdiction (AOJ) substituted the Veteran's surviving son for the Veteran as the appellant pursuant to 38 U.S.C. § 5121A.

This case was previously before the Board of Veterans' Appeals (Board) in May 2021, at which time it was remanded for further development. The directives having been substantially complied with, the matter again is before the Board. D'Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998).

1. Entitlement to service connection for an acquired psychiatric disability, to include PTSD, is remanded.

This matter was previously remanded to obtain a medical opinion regarding the nature and etiology of any acquired psychiatric disability. An opinion was obtained in July 2021. The clinician stated that there was no evidence of record since 2012 indicating that the Veteran had PTSD. However, review of the record shows a diagnosis of PTSD in 2013 which was attributed to the Veteran's claimed MST during service. Therefore, the July 2021 medical opinion is inadequate, as it is based on incorrect facts. Remand is necessary for a new opinion. 

The matter is REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding the nature and etiology of any acquired psychiatric disability, to include PTSD. If the examiner finds the DSM-5 criteria for PTSD have not been met, the examiner must explain why. The examiner should specifically address the February 2013 PTSD diagnosis. 

For each acquired psychiatric disability diagnosed within the appellate period, the examiner should answer the following: it is at least as likely as not that the disability had its onset during or was otherwise caused by the Veteran's active service?

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2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the appellant's satisfaction, send the appellant a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

CLAIRE M. DAVIDOSKI

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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.