Citation Nr: 21022693 Decision Date: 04/19/21 Archive Date: 04/19/21 DOCKET NO. 17-01 748 DATE: April 19, 2021 REMAND Service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD).   REASONS FOR REMAND The Veteran served on active duty from July 2003 to January 2004, from January 2010 to April 2011, and from October 2012 to November 2013. The case is on appeal from a March 2015 rating decision. In December 2019, the veteran testified at a Board hearing. In a December 2019 decision, the Board remanded the present matter for further development and adjudication. Service connection for a psychiatric disorder, to include PTSD. The Veteran seeks service connection for a psychiatric disorder, which he listed specifically as PTSD. He asserts it is the result of his military service and he points to suffering a direct trauma for what he witnessed specifically during his deployment in Afghanistan. Alternatively, the Veteran claims the consideration of service connection on a secondary basis is warranted as a result of his service-connected amputation of the right index finger. See December 2019 Hearing Transcript; see also December 2016 substantive appeal. Pursuant to the Board’s remand, the Veteran was afforded a VA examination in February 2020. The examiner determined that the criteria for a diagnosis of PTSD were not met. This is the same result that the previous January 2015 VA examination found. The February 2020 VA examiner solely diagnosed a cannabis use disorder. Generally, VA compensation may not be paid for primary substance abuse disabilities, or for secondary disabilities arising from primary abuse. See 38 U.S.C. §§ 105, 1110; 38 C.F.R. §§ 3.1, 3.301. However, compensation may be paid for substance abuse that is secondary to, or a symptom of, a service-connected disability. See 38 C.F.R. § 3.310 ; see also Allen v. Principi, 237 F.3d 1368, 1381 (Fed. Cir. 2001). Compensation may be awarded only “where there is clear medical evidence establishing that alcohol or drug abuse is caused by a veteran’s primary service-connected disability, and where the alcohol or drug abuse disability is not due to willful wrongdoing.” Allen, 237 F. 3d at 1381. Evidence dated earlier in the appeal period showed other diagnoses, including adjustment disorder, anxiety and depressed mood, both at the January 2015 VA examination and in VA treatment records. If a condition is shown short prior to a claim, or a condition resolves during the appeal period, service connection is still potentially permissible. See Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The February 2020 VA examination report does not sufficiently explain entirely whether and now any prior diagnoses were erroneous that were not primary substance abuse disorders. Thus, the Board finds that a remand is warranted for another medical opinion. This matter is REMANDED for the following action: Forward the claims file to an appropriate medical professional in connection with the psychiatric disorder claim. Whether an in-person examination is necessary is left to the discretion of the examiner. After reviewing the claims file, the examiner should clarify the Veteran’s current diagnosis(es). If a substance abuse disorder is identified, it should be described as either primary or secondary. If a non-substance abuse disorder is not diagnosed, it should be explained why this is so and whether any prior diagnoses were erroneous. I a non-substance abuse disorder is diagnosed, the examiner should provide an opinion as to whether it is at least as likely as not that the disorder had its onset during, or is otherwise related to, service. (Continued on the next page)   . RYAN T. KESSEL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board William Pagan, 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.