Citation Nr: 21010601 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 14-35 205A DATE: February 25, 2021 REMANDED Entitlement to service connection for a psychiatric disability, including posttraumatic stress disorder (PTSD), is remanded. INTRODUCTION The Veteran served on active duty from June 1993 to December 1993. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A transcript of this hearing has been associated with the claims file. In September 2020, this claim was remanded for further development. After the issuance of a November 2020 supplemental statement of the case, the appeal was remitted to the Board for further appellate review. REASONS FOR REMAND In a September 2020 remand, the Board directed the RO to obtain a supplemental etiological opinion with respect to the Veteran’s psychiatric disability. In so doing, the Board specifically requested that the examiner provide an opinion rather than analyze whether the record already included evidence etiologically linking her claimed disability and her active duty. On November 6, 2020, a VA examiner rendered supplemental opinions as to direct and secondary service connection that the Board finds are inadequate. The direct opinion is conclusory, relies only on the Veteran’s service treatment records, and appears to be limited to the Veteran’s assertion of in-service sexual trauma. Regarding secondary service connection, the examiner simply analyzes whether the record already includes evidence that a psychiatric disability was related to the Veteran’s history of stress fractures in her feet. Consequently, the Board finds that the RO did not substantially comply with the Board’s September 2020 remand directive and, thus, another remand is required. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The matters are REMANDED for the following action: Provide the Veteran with a VA examination regarding her psychiatric disability, to be conducted by a new VA examiner. The Veteran’s claims file must be made available to the examiner and the examiner must specify in the report that it was contemporaneously reviewed. All pertinent symptomatology and findings must be reported. Any indicated special diagnostic tests that are deemed necessary for an accurate assessment must be conducted. The examiner should then provide an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that any psychiatric disability, including PTSD if diagnosed, was incurred in or due to her active duty. In so doing, the examiner is requested to consider all claimed in-service events, including, but not limited to, the Veteran’s assertions as to sexual trauma. Further, the examiner is advised that direct service connection is available even if the disability is first diagnosed after service, when all of the evidence, including that pertinent to service, establishes that the disease was incurred in or due to service. The examiner should then provide an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that any diagnosed psychiatric disability is secondary to the Veteran’s now resolved lower extremity stress fractures. With respect to both opinions, the examiner must provide new opinions, and not simply analyze whether the record already includes evidence that etiologically associates or disassociates the Veteran’s psychiatric disability from her active duty or her now-resolved lower extremity stress fractures. All rendered opinions must be accompanied by a thorough rationale. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Sean G. Pflugner, 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.