Citation Nr: 21011609 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 20-00 389A DATE: March 2, 2021 REMANDED Entitlement to service connection for a psychiatric disability is remanded. REASONS FOR REMAND The Veteran had active service from August 1991 to February 1994. These matters come to the Board of Veterans' Appeals (Board) on appeal from an October 2018 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. A September 2019 rating decision established service connection for gastritis and tinnitus. As that is a full grant of the benefit sought for those claims, those issues are no longer on appeal. Entitlement to service connection for a psychiatric disability is remanded. The Veteran claims anxiety, depression, and posttraumatic stress disorder (PTSD) are related to surgery, trauma, and pain associated with service-connected bilateral hallux valgus. The Veteran also claims PTSD is related to gathering debris following aircraft accidents. In a November 2020 brief, the Veteran’s representative argues that depression and anxiety may be due to service-connected tinnitus. The Veteran has not undergone a VA examination concerning the claim for service connection for a psychiatric disability. The Board finds that the Veteran should be provided a VA examination which addresses any relationship between any currently reported psychiatric symptoms and service. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The lack of examination is a predecisional error. There also appear to be outstanding records from Kaiser Permanente that were referenced by the Veteran but were not obtained. The matters are REMANDED for the following action: 1. Make all reasonable attempts to obtain any outstanding, relevant VA and private treatment records, to include records from Kaiser Permanente 2. Schedule the Veteran for a VA examination to assist in determining the nature and etiology of any identified psychiatric disabilities, to include PTSD, anxiety, and depression. The examiner must review the record and should note that review in the report. All indicated tests must be performed. The examiner should diagnose all psychiatric disabilities present. The examiner should specifically state whether or not each criterion for a diagnosis of PTSD is met. If a diagnosis of PTSD is appropriate, the examiner should state what stressors caused PTSD. The examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that each psychiatric disability had its onset in or is otherwise related to service or any incident of service. If a diagnosis of PTSD is deemed appropriate, the examiner must comment upon any link between the current symptomatology and any of the in-service stressors reported by the Veteran. If it is determined that there is another likely etiology for any psychiatric disability, that should be stated. The examiner should also opine whether it is at least as likely as not (50 percent probability or greater) that a psychiatric disability was caused by the service-connected disabilities, to specifically include as secondary to tinnitus and pain and trauma related to corrective surgery of bilateral hallux valgus. The examiner should further opine as to whether it is at least as likely as not (50 percent probability or greater) that a psychiatric disability has been aggravated (increased in severity beyond the natural progress of the disorder) by service-connected disabilities, to specifically include as secondary to tinnitus and pain and trauma related to corrective surgery of bilateral hallux valgus. A complete rationale for all opinions expressed should be clearly provided. The examiner must consider all lay statements regarding any symptoms during and since service. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals 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.