Citation Nr: 21007688
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 14-15 980A
DATE: February 10, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder and major depressive disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1974 to November 1975.

This appeal comes before the Board of Veterans’ Appeals (Board) from an August 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).  

This matter has previously come before the Board.  In May 2018 the Board remanded this issue to afford the Veteran a VA examination.  In February 2020 the Veteran was afforded a new VA examination.  Thus, the Board finds that its remand instructions were substantially complied with. Stegall v. West, 11 Vet. App. 268 (1998).

As a preliminary matter, the Board has recharacterized the Veteran’s claim to include major depressive disorder, which is shown in the medical record.  See Clemons v. Shinseki, 23 Vet. App. 1, 4 (2009) (holding that the scope of a mental health disability claim includes any mental disability that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record).

Unfortunately, further development is necessary before the Board may reach a decision on this claim.  In May 2018 the Board remanded the Veteran’s claim for service connection for a psychiatric disorder for a new medical examination, focusing on posttraumatic stress disorder (PTSD).  However, the record generally shows a history of treatment for anxiety disorder and major depressive disorder, both diagnosed under DSM-IV criteria, and for various substance abuse disorders.  

The Veteran was afforded a new VA examination in February 2020. However, the examiner did not address the Veteran’s past mental health diagnoses for anxiety disorder and major depressive disorder.  Once VA undertakes the effort to provide a medical examination or opinion, it must provide an adequate one.  Barr v. Nicholson, 2 Vet. App. 303, 311-12 (2007).  As such, a remand is warranted.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination (or a telehealth interview, a review of the record, or other appropriate substitute for an in-person examination, if deemed sufficient in the event that an in-person examination is not feasible) to determine the nature and etiology of any acquired psychiatric disability diagnosed during the pendency of this appeal.  The examiner should review the complete claim file and provide answers to the following question:

Is it at least as likely as not (50 percent or greater probability) that any acquired psychiatric disability diagnosed during the pendency of this appeal, to specifically include anxiety disorder and major depressive disorder, were incurred in, caused by, or otherwise related to his military service?

The examiner’s opinion should directly address the Veteran’s history of treatment for major depressive disorder and anxiety disorder from February 2008 forward.  The examiner should directly address an October 2011 VA psychiatric progress note indicating the Veteran’s symptoms appeared to have originated during his active service. 

A rationale for all opinions expressed must be provided. 

 

R. M. KELLY

Acting Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Hermsdorfer, 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.