Citation Nr: 21007120
Decision Date: 02/08/21	Archive Date: 02/08/21

DOCKET NO. 06-12 275
DATE: February 8, 2021

REMANDED

Service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1953 to October 1955.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2005 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Juan, Puerto Rico.

The case has been remanded previously in October 2009, January 2017 and October 2017.  The requested development has been completed and the case has been returned to the Board for further appellate consideration.

1. Service connection for an acquired psychiatric disorder is remanded.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives.  Another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).  Specifically, a November 2017 VA addendum opinion was obtained.  The examiner, however, again relied upon the erroneous factual premise that post-service, the first mental evaluation, diagnosis and treatment was in 2008.  This is the same factual error that the Board remanded to correct in October 2017.

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician other than the clinician who provided the April 2017 and November 2017 opinions.  The clinician shall render an opinion whether the Veteran’s acquired psychiatric disorder at least as likely as not began during service or is related to service.

The clinician is advised that it is an error of fact to state that the Veteran’s first treatment for a mental disorder after service was in 2008.  An opinion that relies on this fact will be inadequate.

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Otherwise, the examiner’s attention is called to the following evidence showing the Veteran was seen in January 1966 for the complaint of nervousness, that he was treated in May 1992, February 1994 and June 1994 for anxiety, that he was seen on an ongoing basis beginning in November 1999 for depression, and an April 2002 psychiatric review in which the physician opined that the Veteran’s depression could be related to military service.

2. If upon completion of the above action any benefit sought on appeal remains denied, the case should be returned to the Board after compliance with appellate procedure.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Rocktashel, 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.