Citation Nr: 21010999 Decision Date: 02/26/21 Archive Date: 02/26/21 DOCKET NO. 13-11 283 DATE: February 26, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty with the United States Marine Corps from February 1969 to September 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in April 2016. This case was previously before the Board in August 2018, when service connection for an acquired psychiatric disorder was denied. The Veteran appealed the case to the United States Court of Appeals for Veterans Claims (Court). In June 2020, the Court set aside the portion of the Board decision denying service connection and remanded the case for further proceedings. The case has been returned to the Board at this time for further appellate review. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depressive disorder, is remanded. The Court found the January 2018 VA opinion was based on an inaccurate factual premise, as the Veteran’s report of depression, worry, and trouble sleeping was made during service, prior to deployment to Vietnam, and not upon separation from the military, as the examiner stated. As the Board previously found the prior examinations, completed in May 2011, October 2012, and August 2014, inadequate as well, there are no adequate opinions of record, and a remand is necessary for a new examination. The matter is REMANDED for the following action: Schedule the Veteran for an examination with an appropriate clinician to determine whether any current psychiatric disorder is related to the Veteran’s service. Following review of the claims file and examination of the Veteran, the examiner should identify all psychiatric disabilities present at any time during the appeal period, If the examiner determines that any psychiatric diagnosis clinically noted in the record during the appeal period is not an accurate diagnosis, the examiner explain why the prior diagnosis is incorrect. For each psychiatric disability diagnosed at any point during the appeal period, the examiner should opine whether it is at least as likely as not (50 percent or greater probability) that the disability began in or is otherwise caused by the Veteran’s active service. In providing the requested opinions, the examiner must specifically address the Veteran’s endorsement of “depression or excessive worry” and “frequent trouble sleeping” on an August 1969 report of medical history. The examiner is informed the Veteran did not separate from the military until September 1970. The examiner must also specifically address the Veteran’s testimony at the April 2016 Board hearing, when he reported first experiencing symptoms of depression during service that continued to the time he first sought mental health treatment. The examiner should also address the Veteran’s testimony that he self-medicated with alcohol, and did not understand that his symptoms were not the normal experience. The examiner may not dismiss the Veteran’s report of symptoms capable of lay observation solely on the basis that they are not recorded in contemporaneous medical records. All findings must be reported in detail and all opinions must be accompanied by a clear rationale. If any of the above issues cannot be resolved without resorting to speculation, then a detailed medical explanation as to why this is so must be provided. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Josey, 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.