Citation Nr: 21005889 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 16-48 179 DATE: February 2, 2021 REMANDED Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depressive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1980 to March 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2016 Rating Decision. A hearing was held in October 2019 before the Undersigned Veteran’s Law Judge via videoconference from Des Moines, Iowa. A transcript of the hearing has been associated with the electronic claims file. In December 2019, the Board issued a decision denying service connection for an acquired psychiatric disorder, to include PTSD and depressive disorder. In September 2020, the Court of Appeals for Veterans Claims (the Court) granted a Joint Motion for Remand (JMR) that vacated and remanded this matter on the basis of the Board erring in its duty to assist. See CAVC Decision received 9/01/2020 at page 2; see also 38 U.S.C. § 5103A. Entitlement to an acquired psychiatric disorder, to include PTSD and depressive disorder is remanded. In the JMR, the parties agreed that the January 2016 VA examination was inadequate for rating purposes. Specifically, the January 2016 VA examiner, regarding the criteria to establish a diagnosis of PTSD, did not provide a response to criterion D, E, F, G, H, or I to, although the examiner did find that the Veteran did not meet the PTSD criteria. See CAVC Decision received 9/01/2020 at page 2. Additionally, the medical opinion attributed the Veteran’s depressive disorder to his current stressors, but did not adequately explain why the Veteran’s in-service stressor did not cause his psychiatric disorder. Accordingly, pursuant to the JMR, the Board remands this matter for a new VA examination and medical opinion. This matter is REMANDED for the following action: Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any PTSD. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. *Additionally, if a criterion is not met, the examiner is directed to provide a response for that criterion. For example, criterion D is not met. If the Veteran does not meet the diagnostic criteria for PTSD, please explain why. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include the Veteran’s confirmed in-service stressor that he was part of a team dealing with aircraft crashes and had to pick up body parts of a Cpt. G.H. with whom he was acquainted. A comprehensive rationale for all opinions is to be provided. All pertinent evidence, including both lay and medical, should be considered. If an opinion cannot be given without resorting to speculation, the examiner should explain why and state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), the record (additional facts are required), or the examiner (does not have the knowledge or training). Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Dixon, 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.