Citation Nr: 21022036 Decision Date: 04/14/21 Archive Date: 04/14/21 DOCKET NO. 18-34 145 DATE: April 14, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include depression, is remanded. Entitlement to service connection for alcohol abuse secondary to an acquired psychiatric disability is remanded. REASONS FOR REMAND The appellant served on active duty in the U.S. Marine Corps from April 1978 to May 1982. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), which denied entitlement to service connection for depression and alcohol abuse. The appellant filed a timely Notice of Disagreement (NOD), received in December 2017. A Statement of the Case (SOC) was issued in April 2018. A timely substantive appeal (VA Form 9) was received in February 2020. The appellant was afforded a telehearing before the undersigned Veterans Law Judge (VLJ) in January 2021. A transcript is of record. During the telehearing, the VLJ held the record open for 60 days to allow the appellant the opportunity to submit additional evidence. The appellant, through his attorney, submitted additional lay evidence within this timeframe. 1. Entitlement to service connection for an acquired psychiatric disability, to include depression, is remanded. 2. Entitlement to service connection for alcohol abuse secondary to an acquired psychiatric disability is remanded. The appellant asserts that he has an acquired psychiatric disability as a result of racial harassment during service and that he developed alcohol abuse secondary to that psychiatric disability. He claims that he began drinking during active duty to “self-medicate” his feelings of depression and anxiety which resulted from racial harassment. He further claims that his symptoms persisted after service. See e.g., February 27, 2018 Statement in Support of Claim, January 2021 Hearing Transcript, and January 5, 2021 Correspondence. The appellant’s service treatment records are entirely negative for complaints or findings of a psychiatric disability. At his March 1982 military separation medical examination, psychiatric evaluation was normal. On a report of medical history completed in connection with that examination, the appellant specifically denied having or ever having had depression or excessive worry as well as nervous trouble of any sort. The appellant’s personnel records reflect that he received multiple nonjudicial punishments, including for possession of marijuana and drunk and disorderly conduct. He was discharged for unsuitability based upon a personal abuse of drugs other than alcoholic beverages. At his January 2021 Board hearing, the appellant claimed that after his separation from service, he was still feeling some depression and was “self-medicating” with alcohol and drugs so he sought treatment at a VA medical facility in Bath, New York, in 1982 or 1983. The RO has not yet had the opportunity to seek to obtain records of that newly-reported claimed treatment. The record currently on appeal only contains VA treatment records dating from 1995. In addition, the Board finds that a VA medical examination is necessary. Under 38 C.F.R. § 3.149(a)(4), an examination or opinion is necessary if the evidence of record: (A) contains competent evidence that the claimant has a current disability, or persistent or recurrent symptoms of disability; (B) establishes that the claimant suffered an event, injury or disease in service; or has a presumptive disease or symptoms of such a disease manifesting during an applicable presumptive period; and (C) indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service; but (D) does not contain sufficient medical evidence for the Secretary to make a decision on the claim. See also McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006) (holding that the third prong discussed above, which requires that the evidence of record indicate that the claimed disability or symptoms may be associated with the established event, is a low threshold, one which may be satisfied by evidence of continuity of symptomatology such as pain). With respect to the first element, the record reflects conflicting psychiatric diagnoses, although the appellant was diagnosed as having alcohol dependence with associated depression as well as major depressive disorder and unspecified anxiety disorder during the pendency of the claim. See e.g., April 27, 2018 CAPRI and August 25, 2017 psychiatric evaluation conducted for purposes of entitlement to disability benefits from the Social Security Administration. With respect to the second element, the appellant has reported racial harassment in service which, he claims, caused him to develop symptoms of depression which he self-medicated with alcohol. Questions of credibility and competency notwithstanding, the appellant’s statements contain a sufficient indication that he may have experienced an event, injury or disease in service. With respect to the third element, the record contains the appellant’s hearing testimony to the effect that his symptoms have persisted since service and that he sought treatment shortly after separation. Again, questions of credibility and competency notwithstanding, the appellant’s statements contain evidence of continuity of symptomatology. The appellant has not yet had a VA medical examination in connection with the claim. Given the evidence, the Board finds that an examination is necessary. The matters are REMANDED for the following action: 1. Undertake the necessary efforts to assist the appellant in obtaining records of reported treatment at the Bath VA medical facility in 1982 or 1983. Follow the procedures set forth in 38 C.F.R. § 3.159(c) with respect to requesting records from Federal facilities. 2. Afford the appellant an appropriate examination to determine the nature and etiology of any current psychiatric disability. Access to the appellant’s claims file must be made available to the examiner for review in connection with the examination. After reviewing the record and examining the appellant, the examiner should provide a response to the following: (a) The examiner should delineate all current psychiatric disabilities exhibited by the appellant, if any. (b) The examiner should provide an opinion as to whether it is at least as likely as not that current psychiatric disability identified is causally related to the appellant’s active service or any incident therein, to include racial harassment during service at Camp Lejeune. Diagnoses should be rendered in accordance with DSM 5 and a rationale for all opinions expressed must be provided. If major depressive disorder, unspecified anxiety disorder, and alcohol abuse are not diagnosed, an explanation should be provided, given the evidence of record reflecting diagnoses of these conditions. In providing the requested opinions, the clinician should consider the appellant’s reported symptoms in service and thereafter, as well as the March 2021 buddy statement submitted in support of his claim. If there is any medical reason to accept or reject the proposition that the appellant’s reported in-service symptoms represented the onset of his current disability, this should be noted. K. Conner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.N., 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.