Citation Nr: 21008788
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 16-37 031
DATE: February 18, 2021

REMANDED

Service connection for a psychiatric disorder, to include post-traumatic stress disorder (PTSD) and depression, is remanded.

REASONS FOR REMAND

The Veteran had active duty in the U.S. Army from November 1971 to December 1974.  The issue is on appeal from a February 2014 rating decision.

In a November 2018 decision, the Board of Veterans’ Appeals (Board) denied the Veteran’s claim for entitlement to service connection for a psychiatric disorder for lack of a current disability.  The Veteran appealed the November 2018 decision to the United States Court of Appeals for Veterans Claims (Court).  In July 2020, the Court vacated the Board’s November 2018 decision and remanded the issue for action consistent with a Joint Motion for Partial Remand (JMPR).

Service connection for a psychiatric disorder, to include PTSD and depression, is remanded.

The Board has been directed to undertake action consistent with the July 2020 JMPR.  The Board interprets the JMPR to require that VA provide an examination and obtain a medical opinion regarding the nature and etiology of any psychiatric diagnosis found.

In the JMPR, the parties asserted that the Board erred when it found that the Veteran was not entitled to a VA examination because he did not have a current psychiatric disability but also simultaneously acknowledged that the Veteran was competent to report his psychiatric symptoms.  Under McLendon v. Nicholson, the Veteran is entitled to a VA examination when competent evidence of persistent or recurrent symptoms of a disability can be shown.  McLendon v. Nicholson, 20 Vet. App. 79 (2006).  The Veteran has not yet been afforded a VA examination for his psychiatric disorder claim.

Further, the Board erred when it stated that the Veteran’s service treatment records did not demonstrate treatment or symptoms of a psychiatric disorder.  A June 1973 service treatment record documents complaints of nervous tension, nervous problems, and nervousness. 

On remand, the Veteran must be scheduled for a VA psychiatric examination to evaluate the nature and likely etiology of any diagnosable psychiatric condition.  38 C.F.R. § 3.159(c)(4); McLendon, 20 Vet. App. at 83.

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA psychiatric examination for the purpose of establishing a diagnosis or diagnoses that accounts for the Veteran’s psychiatric symptomatology. 

The entire claims file, to include a complete copy of this REMAND, must be made available to the individual designated to examine the Veteran, and the examination report should include discussion of the Veteran’s documented medical history and assertions relating to his diagnosis and treatment.  This includes the Veteran’s June 1973 service treatment record documenting complaints of nervous tension, nervous problems, and nervousness.

Necessary testing should be conducted at the discretion of the examiner.

For any diagnosed psychiatric condition, the examiner is asked to opine as to whether it is at least as likely as not (i.e. 50 percent or greater) due to the Veteran’s active duty.

Any opinions proffered must contain sufficient rationale.

2. Readjudicate the appeal.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Lee

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.