Citation Nr: 21024699 Decision Date: 04/23/21 Archive Date: 04/23/21 DOCKET NO. 10-44 231A DATE: April 23, 2021 REMANDED Service connection for an acquired psychiatric disorder to include as secondary to arthritis is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Marine Corps from July 1971 to July 1975. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from an April 2011 Department of Veterans Affairs (VA) Regional Office (RO). This appeal is being adjudicated under the legacy appellate framework. The Veteran testified at a personal hearing before the Board in January 2013, and a transcript of the hearing is of record. This matter was previously before the Board, and, in January 2014 and in September 2020, the Board remanded this matter for further development. As previously discussed in a September 2020 Board decision the Veteran is appearing before the Board pro se. Service connection for an acquired psychiatric disorder to include as secondary to arthritis is remanded. In September 2020, the Board remanded this matter in order to provide the Veteran with a VA examination discussing whether or not the Veteran’s acquired psychiatric disorder is at least as likely as not (50 percent or more) proximately due to or aggravated by a previously service-connected disability. The Veteran was provided a VA examination in February 2021 which indicated that the Veterans claimed acquired psychiatric disorder was not due to a previously service-connected disability, because there is no evidence of a that the Veteran’s acquired psychiatric disorder was related to the Veteran’s military service; and the Veteran has a long history of substance use. This rationale is inadequate. First, it does not matter if a disability was or was not related to a period of service if the theory of service connection was based on it being caused by another service-connected disability. Second, the examiner does not explain how a history of substance abuse would prevent a previously service-connected disability from causing the Veteran’s acquired psychiatric disorder. Therefore, this matter must be remanded for an adequate examination in order to ensure substantial compliance with the Board’s previous remand instructions. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Arrange to provide the Veteran with a VA examination in order to determine whether or not the Veteran’s acquired psychiatric disorder is at least as likely as not (50 percent or more) proximately due to or aggravated by a previously service-connected disability? Why or why not? Please note that a disability does not have to be related to a military service to be proximately due to or aggravated by a previously service-connected disability. To the extent that the Veteran’s history of substance use is relevant, then please explain how a history of substance use would prevent a previously service-connected   disability from causing the Veteran’s acquired psychiatric disability. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Seaton 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.