Citation Nr: 21021391 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 15-04 208 DATE: April 12, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The Veteran had active service in the United States Marine Corps (USMC) from June 1969 to June 1971 and from June 1973 to June 1975. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from May 2012 and February 2014 rating decisions issued by the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in December 2017. A transcript of the hearing has been associated with the claims file. The case was previously before the Board in June 2020, at which time the issues currently before the Board were remanded for additional development. The case has now been returned to the Board for further appellate action. Service Connection – Acquired Psychiatric Disorder The Board finds that additional development is required before the claim on appeal is decided. In the June 2020 remand, the Board directed that the Veteran be afforded a VA examination to determine the nature and etiology of any currently present psychiatric disability. A review of the record shows that the Veteran was afforded the directed VA examination in August 2020. Pursuant to the Board’s June 2020 remand, the examiner was to identify all psychiatric diagnoses present during the pendency of the appeal or approximate thereto, to include PTSD. Then, for each psychiatric disability found the examiner must provide an opinion taking into the consideration the Veteran’s lay statements regarding the onset and continuity of his symptoms. A review of the record shows that the Veteran was afforded the directed VA examination in August 2020. However, the Board finds that the opinion provided by the VA examiner is not adequate. In this regard, the examiner noted that the Veteran did not have a current diagnosis of a psychiatric disability. However, the Board notes that the examiner was to identify all psychiatric disabilities present during the pendency of the claim, or proximate thereto, and provide etiological opinions for each such identified disability. The August 2020 VA examiner failed to address the Veteran’s diagnosis of generalized anxiety disorder at the time of the January 2014 VA examination. As that disability was present during the pendency of the claim, addressing the nature and etiology of that disability is necessary. Therefore, the Board finds that the development conducted does not adequately comply with the June 2020 Board remand directives. Compliance with a remand is not discretionary, and failure to comply with the terms of a remand necessitates remand for corrective action. Stegall v. West, 11 Vet. App. 268 (1998). Therefore, an addendum medical opinion must be obtained addressing all psychiatric disabilities present during the pendency of the appeal, or proximate thereto. The Veteran’s is also seeking entitlement to a TDIU, and that issue is inextricably intertwined with the claim seeking service connection for a psychiatric disability. Therefore, consideration of that claim must be deferred pending resolution of the service connection claim. The matters are REMANDED for the following action: 1. Identify and obtain any outstanding pertinent VA and private records and associate them with the claims file. 2. Then, forward the claims file to an examiner with appropriate expertise to determine the nature and etiology of all psychiatric disabilities present during the pendency of the claim. The examiner must review the claims file, and note that review in the report. Based on the review of the record, the examiner must first identify all psychiatric disabilities present during the pendency of the claim, or proximate thereto, to specifically include generalized anxiety disorder diagnosed at the time of the Veteran’s January 2014 VA examination. Then, for each identified disability, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any such disability had its onset during the Veteran’s active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must consider the Veteran’s lay statements regarding the onset and continuity of his symptoms. The examiner must also provide an opinion as to whether it is at least as likely as not (50 percent of better probability) that any identified psychiatric disability was caused or aggravated by a service-connected disability, to include chronic pain symptoms caused by such. A complete and detailed rationale for all opinions expressed must be provided. Another VA examination of the Veteran should only be conducted if deemed necessary by the examiner providing the requested medical opinions. 3. Confirm that all medical opinions provided comport with this remand and undertake any other development determined to be warranted. 4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Ivan Franklin 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.