Citation Nr: 21015940
Decision Date: 03/18/21	Archive Date: 03/18/21

DOCKET NO. 15-30 744
DATE: March 18, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from October 1992 to July 1995. 

The issue was previously before the Board in August 2018, at which time it was remanded for an addendum to a July 2014 VA medical opinion and any examination or testing was left to the discretion of the examiner.   

In February 2019, the Board remanded again but requested that the Veteran be afforded a VA mental health examination because evidence of a new address for the Veteran had been discovered.  

Although additional attempts to contact the Veteran to set up an examination were unsuccessful, the Board finds that substantial compliance with the August 2018 Board directive requesting an addendum has not yet been met.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).  The Board therefore remands the claim to obtain an addendum medical opinion to address the personality disorder, as previously requested.    

The matter is REMANDED for the following action:

1. Ensure all outstanding VA treatment records are associated with the claims file. 

2.  Then, forward a copy of the Veteran’s claim file and a copy of this Remand to a qualified examiner to obtain an opinion with regard to the Veteran’s personality disorder.  

If, by chance, the examiner determines that an examination is needed, please schedule one for the Veteran; it is noted however, that efforts to locate him in the past year have been unsuccessful.

After a review of the claims file, the examiner is asked to respond to the following:  

(a.) Whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s personality disorder was subject to any diagnosed superimposed psychiatric disorder resulting in additional disability.  

If the examiner believes that the Veteran did/does not have a personality disorder, the examiner should state so and explain this opinion fully.  The examiner is directed to a December 1994 service treatment record diagnosing a personality disorder while in service.

If it is not possible to render an opinion without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts), a deficiency in the record (additional facts are required), or the examiner (does not have the knowledge or training). 

A complete rationale must be provided for any opinion offered. 

3.  Thereafter, readjudicate the remanded claim.

 

S. B. MAYS

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. Moldawer, 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.