Citation Nr: 21023386 Decision Date: 04/20/21 Archive Date: 04/20/21 DOCKET NO. 18-54 449 DATE: April 20, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, unspecified trauma-and stressor-related disorder, and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1979 to July 1989. This case is before the Board of Veterans’ Appeals (Board) on appeal from a June 2016 Regional Office (RO) rating decision. In that rating decision, the RO denied entitlement service connection for PTSD. The Veteran’s notice of disagreement (NOD) was received in April 2017. The RO issued a statement of the case (SOC) in November 2018. The Veteran’s VA Form 9, substantive appeal to the Board, was received in December 2018. In February 2020, the Board denied service connection for an acquired psychiatric disorder to include generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, unspecified trauma-and stressor-related disorder, and PTSD. The Veteran appealed to the Court of Appeals for Veterans Claims (CAVC or Court). In a December 2020 Order, the Court vacated the Board’s February 2020 decision and remanded the matter pursuant to a December 2020 Joint Motion for Remand (JMR). The parties in the December 2020 JMR agreed that the May 2016 VA examination is not adequate for adjudication purposes, as the May 2016 VA examiner did not provide an opinion that the diagnosis of generalized anxiety disorder and unspecified trauma-stressor-related disorder were not related to service. The JMR specifically indicated that the Board shall remand for a new VA examination in this case. Accordingly, a remand is necessary to obtain a new VA examination and medical opinion. See Stegall v. West, 11 Vet. App. 268 (1998) (A remand by the Court confers upon the claimant, as a matter of law, the right to compliance with the remand order). The matters are REMANDED for the following action: Arrange for the Veteran to undergo a VA examination with a psychiatrist or psychologist to determine whether any current psychiatric disorder is related to active military service. The electronic claims file, including a copy of this remand, must be made available to the examiner for review, and the examiner should indicate that the claims folder was reviewed. All indicated evaluations, studies, and tests deemed necessary should be accomplished and all findings reported in detail. Following review of the claims file and examination of the Veteran, the examiner must identify all psychiatric disorders found at any time during the relevant appeal period (even if currently resolved), to include PTSD, generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, and unspecified trauma-and stressor-related disorder. The examiner must specifically address the noted diagnoses of PTSD, generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, unspecified trauma-and stressor-related disorder noted in the Veteran’s VA treatment records and diagnosed in the May 2016 VA examination. If the examiner finds that the Veteran has not met the criteria for a diagnosis of PTSD, generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, or unspecified trauma-and stressor-related disorder at any time during the course of the relevant appeal period, the examiner must explain why the diagnoses of record during the relevant appeal period are not valid. If the Veteran is shown to have PTSD at any point during the appeal period, the examiner should specifically address the stressor(s) from which that diagnosis stems. For each psychiatric disorder found other than PTSD, to include generalized anxiety disorder, unspecified anxiety disorder, unspecified depressive disorder, and unspecified trauma-and stressor-related disorder, the examiner should provide an opinion regarding whether each disorder at least as likely as not (50 percent or greater probability) began in or is otherwise related to military service to include the Veteran’s report of experiencing nervous trouble of any sort and depression or excessive worry in the March 1989 Report of Medical History as part of separation examination. In rendering the above opinions, the examiner should specifically discuss the Veteran’s service treatment records (particularly the March 1989 Report of Medical History), post-service mental health treatment records, as well as, the March 2016 VA mental health examination. The examiner is asked to address the lay statements as to the onset of his psychiatric symptoms. If lay assertions in any regard are discounted, the examiner should clearly so state, and explain why. All findings should be reported in detail and all opinions must be accompanied by a clear rationale. MARTIN B. PETERS Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board B. Berry, 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.