Citation Nr: 21015784
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 10-42 907
DATE: March 18, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1992 to April 1995 and from October 2001 to September 2002. He passed away in June 2013. The Appellant has been substituted for the Veteran in pursuit of this claim. 

This appeal is from a March 2009 rating decision. In February 2018, the Appellant had a hearing before the undersigned VLJ. Thereafter, in August 2018 and July 2020, the Board remanded this claim for additional development.

Unfortunately, there has not been substantial compliance with the Board’s previous remand directives. Another remand is required. Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for an acquired psychiatric disability is remanded.

In the July 2020 Board remand, the Board found the October 2019 VA examination report did not adequately address the Veteran’s depression that was diagnosed during active duty in June 2002. Unfortunately, the January 2021 VA addendum opinion suffers from the same deficiency. Accordingly, a remand is required. Stegall,11 Vet. App. at 271. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s psychiatric disorders are at least as likely as not (a 50 percent or greater probability) related the Veteran’s service. The examiner is asked to answer the following questions: 

Was the depression and adjustment disorder diagnosed in 2002 part of the anxiety disorder diagnosed in 1998, or a distinct disability?

If the examiner finds that it was part of his anxiety, or a symptom of his anxiety, the examiner is asked whether the diagnosis of depression and adjustment disorder represented an increase in severity in the pre-service anxiety. 

If the examiner finds that the depression and adjustment disorder were distinct from the anxiety, the examiner is asked then if these diagnoses persisted as chronic disabilities at least up until the date of his claim in April 2008. 

The examiner must provide a complete explanation for all opinions. If the examiner is unable to render the requested opinions without resorting to speculation, the examiner must state whether there is inadequate factual information, whether the question falls beyond the knowledge of the examiner, whether the question falls beyond the scope of the medical community, or another reason.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K.L. Blevins, Associate 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.