Citation Nr: 21076889 Decision Date: 12/28/21 Archive Date: 12/28/21 DOCKET NO. 15-12 529 DATE: December 28, 2021 REMANDED Service connection for a psychiatric disorder, to include as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1985 to January 1999. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Board has remanded this matter on three occasions, most recently in September 2021, with each remand directing the RO to obtain an opinion as to whether the Veteran's psychiatric diagnoses are related to his active service and/or his service-connected disabilities. To date, the RO has not obtained such an opinion; instead, the January 2020, March 2021, and November 2021 VA examiners determined that the Veteran does not presently have a psychiatric diagnosis and did not opine as to whether his prior psychiatric diagnoses were related to service. In this regard, and as discussed in prior remands, the Board notes that the Veteran has documented psychiatric treatment and diagnoses during the appeal period. See, e.g., December 2014, February 2017, and September 2018 VA Treatment Records; see also October 2016 Private Examination. Because the November 2021 addendum opinions do not substantially comply with the Board's remand directives and do not address whether the prior psychiatric diagnoses are related to service, further remand is necessary to obtain an adequate addendum opinion. See Stegall v. West, 11 Vet. App. 268, 271 (1998). On remand, the examiner is reminded that it is not necessary for the Veteran to have a Veteran to have a psychiatric diagnosis at the time of the examination and/or for all or most of the appeal period. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). As the Veteran's claim has been pending since September 2014, and both his VA treatment records and the private examination reflect psychiatric diagnoses during the appeal period, he has a current disability for VA purposes. The requested opinion is, specifically, whether any of the Veteran's prior psychiatric diagnoses are related to service or any of his service-connected disabilities. It is not sufficient for the examiner to merely determine that the Veteran does not presently have a psychiatric disability; he or she must provide a nexus opinion. The matters are REMANDED for the following action: Obtain an addendum medical opinion from an appropriate VA examiner to determine the nature and etiology of the Veteran's prior psychiatric diagnoses. The examiner should review the complete claims file, particularly including the records documenting all psychiatric diagnoses since September 2014 and this remand. After complete review of the claims file, the examiner should respond to the following: (a.) Is it at least as likely as not (50 percent probability or greater) that any diagnosed psychiatric disability, at any point during the period on appeal, had its onset in service, or is etiologically related to service or any event, injury, or disease during service? (b.) Is it at least as likely as not that any diagnosed psychiatric disability, at any point during the period on appeal, is/was caused or aggravated (define as any increase in disability) by any service-connected disabilities? The examiner should comment on and discuss the multiple diagnoses identified in the VA treatment records, including, but not limited to, those in December 2014, February 2017, and September 2018, as well as the diagnosis provided in the October 2016 private examination and opinion. The examiner must opine as to whether these diagnoses are related to service and/or service-connected disabilities, regardless of whether the examiner determines that the Veteran presently has a psychiatric disability. MICHELLE L. KANE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Tierno 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.