Citation Nr: 21005633
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 17-14 308
DATE: February 2, 2021

REMANDED

Entitlement to service connection for chronic depression and generalized anxiety as secondary to service-connected Crohn’s disease is remanded.

REASONS FOR REMAND

The Veteran had active service in the United States Navy from March 1995 to March 1999. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The Veteran submitted a notice of disagreement in March 2016. A statement of the case was issued in February 2017. He perfected a timely substantive appeal in March 2017 and appeared at a virtual Board hearing before the undersigned Veterans Law Judge in September 2020. 

1. Entitlement to service connection for chronic depression and generalized anxiety as secondary to service-connected Crohn’s disease is remanded.

During the September 2020 Board hearing, the Veteran identified relevant outstanding private treatment records related to a recent hospitalization at the Southeastern Alabama Medical Center and stated that he was in the process of rescheduling an appointment with VA. A remand is required to allow VA to obtain authorization and request these records.

The record contains conflicting medical opinions on the issue of whether the Veteran’s diagnosed depression and anxiety are due to his service-connected Crohn’s disease. However, the Board cannot make a fully-informed decision on the issue because no VA examiner has opined whether the diagnosed depression and anxiety are aggravated by the service-connected Crohn’s disease. Accordingly, remand is warranted to obtain an addendum opinion addressing aggravation.

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for the Southeastern Alabama Medical Center. Make two requests for the authorized records from this facility, unless it is clear after the first request that a second request would be futile.

2. Obtain the Veteran’s VA treatment records for the period from March 2017 to present.

3. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s chronic depression and generalized anxiety disorder is at least as likely as not aggravated beyond its natural progression by his service-connected Crohn’s disease disability.

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TANYA SMITH

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Jamison, E.

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.