Citation Nr: 21005887
Decision Date: 02/02/21	Archive Date: 02/02/21

DOCKET NO. 11-13 052
DATE: February 2, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and major depressive disorder, is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from September 1964 to December 1968. 

The matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2010 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In March 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the proceeding is associated with the electronic claims file. Subsequently, the Board remanded the matter for further development in August 2017 and March 2020. 

Pursuant to the Board’s March 2020 remand directives, the Veteran was afforded a VA examination in December 2020, in which he was diagnosed with major depressive disorder, recurrent mild with anxious distress. During the December 2020 VA examination, the issue of secondary service connection was raised. Specifically, the Veteran reported that his service-connected tinnitus causes his depression. 

The Board has a duty to consider all theories of entitlement raised by the record. In this regard, the Board finds that the theory of secondary service connection has been raised and must be addressed. Presently, there is no nexus opinion of record as to whether the Veteran’s acquired psychiatric disorder was caused by or aggravated by his service-connected tinnitus. Consequently, remand is necessary to obtain an addendum VA opinion to determine whether the Veteran’s acquired psychiatric disorder is secondary to his service-connected tinnitus.

The matter is REMANDED for the following action:

1. Obtain updated VA treatment records. 

2. After completing directive #1, return the claims file to the examiner who provided the December 2020 VA examination and medical opinion in order to obtain an addendum opinion. If the December 2020 VA examiner is unavailable, the opinion should be rendered by another qualified medical professional. If the examiner finds that another physical examination is necessary, one should be provided. 

Following a review of the record, the examiner is asked to opine as to the following regarding the Veteran’s diagnosed major depressive disorder:

a) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s major depressive disorder began during or is otherwise etiologically related to service;  

b) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s major depressive disorder is proximately due to, the result of, his service-connected tinnitus; 

c) Is it at least as likely as not (a 50 percent or greater probability) that the Veteran’s major depressive disorder has been aggravated beyond normal progression by his service-connected tinnitus? 

A complete rationale must be provided for all opinions expressed. If an opinion cannot be offered without resort to mere speculation, the examiner must indicate why this is the case and what additional evidence, if any, would allow for a more definitive opinion. 

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	C. Robinson, Associate 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.