Citation Nr: 21021667 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 14-34 955 DATE: April 13, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include an anxiety disorder, other specified trauma and stressor related disorder, and major depressive disorder is remanded. Entitlement to service connection for a neck disability, to include degenerative changes of the cervical spine, is remanded. REASONS FOR REMAND The Veteran, who is the appellant in the case, served on active duty in the United States Army from April 1975 to April 1979 with additional service in the United States Army Reserves and the Massachusetts Air National Guard. These claims come before the Board of Veterans' Appeals (Board) on appeal from a May 2012 and May 2013 rating decisions of the Boston, Massachusetts, Regional Office (RO). In July 2016, the Veteran testified before the undersigned Veterans Law Judge (VLJ) at hearing held in Reno, Nevada. A copy of the transcript has been associated with the Veteran's electronic claims file. In a March 2020 decision, in pertinent part, the Board denied service connection for a neck disability, to include degenerative changes of the cervical spine and an acquired psychiatric disability. The Veteran appealed the March 2020 decision to the United States Court of Appeals for Veterans Claims (Court). In an October 2020 joint motion to the Court, the parties (the Veteran and the Secretary of VA) requested that pertinent parts of the Board decision be vacated, and the issues above be remanded. In an October 2020 Court order, the joint motion was granted, the Board's March 2020 decision was vacated as to the issues of service connection for a neck disability, to include degenerative changes of the cervical spine and an acquired psychiatric disability, and the issues were remanded. The case has subsequently returned to the Board. 1. The Issues on Appeal are Remanded. A review of the record reveals that remands are necessary for the Board to make a fully informed decision. Specifically, as addressed in the October 2020 JMR, a September 2019 VA examination to determine the etiology of the acquired psychiatric disorder and VA examinations for the neck disability are respectively inadequate. Regarding the September 2019 mental health examination, the VA examiner found that the Veteran’s acquired psychiatric disorder preceded his service-connected disabilities, despite no notation of a mental health disability on his entrance examination. Regarding the neck disabilities, VA examiners of record have failed to adequately address an in-service injury. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). Given these deficiencies in the record a remand is necessary. The matters are REMANDED for the following action: 1. Associate any VA treatment records since October 2019 with the electronic claims file. 2. After any records requested above have been obtained, schedule the Veteran for a VA psychiatric examination, to assess the current nature and severity of any current mental health disabilities. The VA examiner should review the evidence associated with the record. All necessary tests and studies should be conducted. The examiner should provide the following opinions: a) Does the Veteran have a current diagnosis of PTSD or an other specified trauma and stressor related disorder? If yes, is it as likely as not that this disability was incurred due to an event in active service, to include fear of hostile military or terrorist activity that involved actual or threatened death or serious injury to the Veteran or others? b) Does the Veteran have a current diagnosis of depression, anxiety, or other psychiatric disorder? If yes, is it as likely as not that this disability was incurred in, or due to the Veteran's active military service? In rendering these opinions, the VA examiner is asked to specifically address the Veteran's December 1978 in-service report of anxiety and the statements of D.B., the Veteran's social worker. The VA examiner must also comment on the December 2015 mental health treatment plan note with a diagnosis of Other Specified Trauma and Stressor Related Disorder. c) Is it at least as likely as not (50 percent probability or greater) that any current psychiatric disability is caused by any of the Veteran's service-connected disabilities, to include, bilateral knee and hip disabilities? d) If not caused by the service-connected disabilities, is it at least as likely as not (50 percent probability or greater) that any psychiatric disability is aggravated (worsened in severity beyond the natural progression of the disease) by any of the service-connected disabilities, to include, bilateral knee and hip disabilities? If the VA examiner opines that any psychiatric disability is aggravated by any of the service-connected disabilities, he/she should indicate the degree of disability before aggravation and the current degree of disability. A complete rationale for all opinions is required. 2. Schedule the Veteran for an examination to determine the nature and etiology of any current neck disability from a physician with expertise in musculoskeletal disabilities. The VA examiner should note the records review in the examination report. The VA examiner should offer the following opinion: a) Is it at least as likely as not (50 percent or greater probability) that the Veteran's current neck disability, to include neck strain and degenerative arthritis of the spine, had its onset in service or is otherwise related to his active service, or manifest to a compensable degree within one year of separation from service? b) Is it at least as likely as not (50 percent probability or greater) that the current neck disability is caused by any of the Veteran's service-connected disabilities, to include, bilateral knee and hip disabilities? c) If not caused by the service-connected disabilities, is it at least as likely as not (50 percent probability or greater) that the neck disability is aggravated (worsened in severity beyond the natural progression of the disease) by any of the service-connected disabilities, to include, bilateral knee and hip disabilities? If the VA examiner opines that the neck disability is aggravated by any of the service-connected disabilities, he/she should indicate the degree of disability before aggravation and the current degree of disability. The VA examiner must specifically discuss the October 1984 in-service incident where a chair fell and struck the Veteran’s head. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Teague, 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.