Citation Nr: 21013426 Decision Date: 03/09/21 Archive Date: 03/09/21 DOCKET NO. 20-16 848 DATE: March 9, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include bipolar disorder, depression, and vascular dementia, is remanded. Entitlement to special monthly compensation (SMC) based on aid and attendance is remanded. REASONS FOR REMAND The Veteran had active service from May 1963 to March 1970. These matters were previously before the Board and were remanded in April 2020 for further development, to include obtaining an examination regarding the etiology of the Veteran’s psychiatric disorder. This development was obtained but the Board finds further development is warranted. In December 2020, the Veteran was afforded an examination for his psychiatric disability in accordance with the Board’s remand instructions. The examiner noted the Veteran carried diagnoses of bipolar disorder, major depressive disorder, and mild vascular neurocognitive disorder, but not posttraumatic stress disorder (PTSD). Additionally, the examiner reviewed the Veteran’s social and occupational history, both before, during, and after his time in service. During his time in service, the Veteran was seen by a psychiatrist every six months while on missile submarines. Post-service, he was treated for multiple mental health disorders, but not PTSD. The examiner noted the Veteran had his weapons removed from him and had been psychiatrically hospitalized two to three times, once in 2004 and once in 2013. The Veteran’s records noted he was suicidal in October 2004 due to his finances and now more severely depressed due to his stroke and inability to function. The examiner opined it was less likely than not the Veteran’s psychiatric disability was incurred in or due to his time in service. The examiner said there was “no evidence” that his claimed conditions were due to his in-service reports of being on a submarine, having the submarine having two small fires, or being hit by a Russian missile. The examiner noted an October 2004 treatment record that the Veteran reported being depressed ten years prior when he had financial difficulties and then becoming more depressed since his stroke, which caused him suicidal ideations and resulted in inpatient hospitalization. The Board finds this examination to be inadequate because the examiner did not fully address the Veteran’s lay statements. While the examiner said there was “no evidence” of the Veteran’s psychiatric troubles beginning in service, the Board notes that lay statements made by the Veteran, his friends, and family are, in fact, evidence, and must be considered in any opinion rendered. Therefore, a remand for an adequate examination is warranted. Barr v. Nicholson, 21 Vet. App. 303 (2007). The Board apologizes for the delay in the adjudication of this case. It is important for the Veteran to understand that if the Board did adjudicate this case, at this time, based on this evidence, the case would be denied based on this evidenced. The issue of entitlement to SMC based on aid and attendance is inextricably intertwined with the service connection claim being remanded. The Board notes the Veteran currently is not service-connected for any disabilities and therefore does not currently meet the basic qualifications for an SMC. However, should the Veteran be granted service connection for his remanded claim, he would potentially qualify for an SMC. Therefore, the matter must be remanded as well. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records and associate the same with the Veteran’s claims folder. If possible, the Veteran’s representative or the Veteran himself, to avoid further delay, should obtain these records (both VA and private treatment) and submit them to the VA. If all available records have been submitted, the Veteran’s representative should so indicate (in writing). 2. Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of his psychiatric disability. The claims file must be made available to, and reviewed by, the examiner. Any indicated studies should be performed. If, due to COVID-19, the Veteran does not feel comfortable or safe appearing in person for an examination, an opinion by a qualified examiner should still be obtained. The examiners should provide an opinion as to the following: (a) Whether it is at least as likely as not (50 percent or greater probability) the Veteran’s disability was incurred in and due to his time in service. Any opinion should be accompanied by an explanation. The examiner should explicitly note the Veteran’s statements about what he believes the etiology of his psychiatric disability is and explicitly address them in the opinion offered. 3. Readjudicate the issue on appeal based on the additional evidence of record. If service connection is granted for an acquired psychiatric disability, schedule the Veteran for an appropriate VA examination to determine the need for housebound aid and attendance SMC due to the Veteran’s service-connected disabilities. 4. If the determinations remain adverse to the Veteran, he must be provided with a supplemental statement of the case. An appropriate period of time must then be allowed for a response before the record is returned to the Board for further review. John J. Crowley Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Snoparsky 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.