Citation Nr: 21025253
Decision Date: 04/27/21	Archive Date: 04/27/21

DOCKET NO. 16-35 599
DATE: April 27, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1979 to February 1994.  This matter comes before the Board of Veterans’ Appeals (Board) from October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The case was last before the Board in October 2019 and has returned to the Board for further appellate review.

The Board notes that the Veteran submitted a VA Form 21-22a in July 2015 appointing Agent Collin A. Douglas as his representative. In a July 2020 docketing letter certifying the case to the Board, it states that the Veteran had 90 days from the date of the letter to elect a new representative. On April 5, 2021, more than 90 days from the date of the letter, the Veteran elected the Tennessee Department of Veterans Services as his representative.  However, under 38 C.F.R. § 20.1305, the Board      will only accept a request for change in representative outside of the 90 days if the Veteran shows on motion good cause for the delay. As good cause has not been shown, the Board will continue to recognize Agent Collin A. Douglas as the Veteran's representative solely for purposes of this remand. Thereafter, the VA Form 21-22 received in April 2021 is referred to the RO for appropriate action.

1. Entitlement to service connection for an acquired psychiatric disorder is remanded.

While further delay is regrettable, the Board finds that additional development is needed prior to adjudicating the issues on appeal.

In accordance with prior remand instructions, the Veteran underwent a VA mental disorders examination in December 2019.  The examiner indicated the Veteran had diagnoses of alcohol use disorder, persistent depressive disorder, and unspecified neurodevelopmental disorder.  The examiner opined that the Veteran’s condition was less likely than not related to service; however, the examiner did not discuss the Veteran’s bipolar disorder.  As VA treatment records indicate the Veteran has a current diagnosis of bipolar disorder (see January 31, 2020 VA treatment record), the Board finds that remand is required to obtain an addendum opinion.

The matters are REMANDED for the following action:

1. Provide the claims file to an appropriate VA examiner to obtain an opinion with respect to the Veteran’s service connection claim for an acquired psychiatric disability. If a new examination is deemed necessary to respond to the question presented, one should be scheduled.

After a review of the claims file, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran’s bipolar disorder, as diagnosed in VA treatment records, had its onset during service or is otherwise related to service.

A complete rationale for all opinions expressed should be provided.

 

2. If the claim remains denied, issue a supplemental statement of the case, as appropriate.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Lance, 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.