Citation Nr: 21022996
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 16-55 986
DATE: April 19, 2021

REMANDED

Service connection for an acquired psychiatric disorder.

Service connection for the cause of the Veteran's death.

REASONS FOR REMAND

As a procedural matter, in July 2019, the Board denied service connection for the cause of the Veteran’s death and for an acquired psychiatric disorder.  The appellant appealed to the Veterans Claims Court.  In May 2020, the Court Clerk granted a Joint Motion for Partial Remand (JMPR) which vacated the Board’s decision and remanded the case for further development consistent with the JMPR.  

In January 2021, the appellant submitted a private medical examination.  The clinician diagnosed an in-service traumatic brain injury (TBI) and found that the Veteran “eventually would have been diagnosed with a major neurocognitive disorder due to a TBI with behavioral disturbances.”  The clinician concluded that the post-1980s evidence of record revealed that he had PTSD symptoms.

However, while a neurocognitive disorder related to an in-service TBI was diagnosed, the clinician did not determine whether the Veteran’s dementia was an acquired psychiatric disorder.  Furthermore, while the clinician hinted that the record included evidence of PTSD symptoms, the JMPR specifically did not repeal the Board’s denial of service connection for acquired psychiatric disorders other than dementia.  Ultimately, pursuant to the JMPR, a remand is necessary to clarify whether dementia constitutes an acquired psychiatric disorder.

The appellant’s claim of service connection for the cause of the Veteran’s death is inextricably intertwined with the pending claim asserting service connection for an acquired psychiatric disorder discussed above.  Therefore, action on the claim of service connection for the cause of the Veteran’s death will also be remanded in light of the above.   

The matters are REMANDED for the following actions:

1. Identify and obtain any pertinent, outstanding VA and private treatment records not already of record and associate them with the claims file.

2. Obtain an opinion from a clinician to assess whether it is at least as likely as not that dementia constitutes an acquired psychiatric disorder.  The rationale for all opinions must be provided. 

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Spigelman, 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.