Citation Nr: 21077560
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 16-57 481
DATE: December 30, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder and personality disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 2002 to September 2004. 

In May 2019, the Veteran testified in a videoconference hearing before the undersigned Veterans Law Judge.  A copy of the hearing transcript is of record and has been reviewed. 

In September 2019, the Board remanded the claim for further development.  Thereafter, in a June 2020 decision, the Board denied the claim, finding that the diagnosed psychiatric disorder clearly and unmistakably preexisted service and clearly and unmistakably was not aggravated during service. 

The Veteran timely appealed the decision to the United States Court of Appeals for Veterans Claims (Court), and by a June 2021 Order, the Court granted a Joint Motion for Remand, which vacated and remanded the claim to the Board for further appellate review. 

On further review, an additional medical opinion is necessary prior to analyzing the merits of this claim.  Specifically, an additional medical opinion is needed to determine the likely onset of any diagnosed acquired psychiatric disorder.

The matter is REMANDED for the following actions:

1.  Obtain an addendum medical opinion from an appropriate VA examiner to help determine the likely etiology of the claimed acquired psychiatric disorder.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials.  The need for another examination is left to the discretion of the medical professional offering the addendum opinion.

After a review of the record, the examiner is asked to respond to the following: 

(a)	Identify all currently diagnosed psychiatric disorders. **If the examiner concludes that a diagnosis of a psychiatric disorder previously shown by the record is not warranted, he/she is asked to address the Veteran's reported symptoms and explain how the diagnosis resolved or no longer shows any pathology. **

(b)	For each currently diagnosed psychiatric disorder, provide an opinion as to whether it is at least as likely as not (50 percent or higher probability) had its onset during service or is otherwise related to it.

(c)	Provide an opinion as to whether the Veteran had a personality disorder in service and, if so, whether it was subjected to a superimposed disease or injury in service.

(d)	For any acquired psychiatric disorder that the examiner concludes clearly and unmistakably existed prior to the Veteran's active-duty service, provide an opinion whether it was clearly and unmistakably NOT aggravated by service.

A complete rationale should be provided for all opinions.  In doing so, the examiner is asked to address mental health treatment during service (See VBMS entries titled "STR-Medical) on 11/01/2004, to include the normal psychiatric examination at the time of induction.

2.  Thereafter, readjudicate the remanded claim.

 

 

L. CHU

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Yaffe, 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.