Citation Nr: 21005393 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 14-03 959 DATE: February 1, 2021 REMANDED Entitlement to a rating in excess of 10 percent for post-concussion syndrome is remanded. REASONS FOR REMAND The Veteran had active service from July 1999 to October 2007, from July 2009 to May 2011, from August 2012 to May 2013, from September 2013 to December 2014, and from January 2015 to May 2015. This case initially came before the Board of Veterans’ Appeals on appeal from a July 2012 rating decision issued by a Regional Office (RO) of the Department of Veterans Affairs (VA). In November 2017 and January 2019, the Board remanded the claim for additional development. The case has since been returned to the Board for further appellate review. Unfortunately, the Board’s review of the claims file reveals that further Agency of Jurisdiction (AOJ) action is warranted, even though such action will, regrettably, further delay an appellate decision on the claim. The Veteran filed a claim for an increased rating in May 2011. In January 2012, he reported a history of depression and posttraumatic stress disorder (PTSD). It was noted that he had mild depressive symptoms. In March 2012, he was diagnosed with an anxiety disorder, and, in May 2012, he was diagnosed with major depressive disorder. In September 2012, he was diagnosed with primary insomnia and dysthymic disorder. In July 2013, a private psychologist indicated that the Veteran had been suffering from a number of neurocognitive and psychopathological symptoms since serving in combat. It was noted that test results supported moderate levels of depression and anxiety. The psychologist diagnosed the Veteran with chronic PTSD. A VA examination for residuals of TBI was conducted in March 2020. At that time, it was noted that the Veteran did not have a mental disorder attributable to his TBI. The examiner was asked that if the Veteran had been diagnosed with a separate a co-existing psychiatric condition, to state which symptoms were part of that mental disorder and which symptoms represented residuals of TBI. The examiner indicated that the question was not applicable and did not address the psychiatric disorders that had been previously diagnosed during the appeal period. Therefore, the Board finds that a remand is necessary for a supplemental VA medical opinion. The matters are REMANDED for the following action: 1. Return the case to the VA examiner who conducted the March 2020 TBI examination for an addendum opinion regarding the nature and etiology of the Veteran’s previously diagnosed psychiatric disorders. The claims file must be made available to, and reviewed by the examiner. After a review of the evidence of record, to include consideration of any newly received records, the VA examiner should address the Veteran’s psychiatric disorders that were diagnosed during the appeal period, i.e., anxiety disorder, major depressive disorder, primary insomnia, dysthymic disorder, and PTSD. The examiner should state, to the extent possible, which emotional/behavioral signs and symptoms were parts of the co-existing psychiatric disorder and which symptoms were residuals of TBI. If it is impossible to make such a determination without speculation, the examiner must state so and provide a supporting rationale for why differentiation is not possible. A rationale for all opinions expressed must be provided. 2. Confirm that the VA examination report and all opinions provided comport with this remand and undertake any other development found to be warranted. 3. Then, readjudicate the issue on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Mishalanie, 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.