Citation Nr: 21026620 Decision Date: 05/03/21 Archive Date: 05/03/21 DOCKET NO. 14-35 510 DATE: May 3, 2021 REMANDED Entitlement to service connection for a nervous condition is remanded. REASONS FOR REMAND The Veteran served in the Army from April 1959 to March 1961. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In June 2018, the Board remanded the appeal for additional evidentiary development. Most recently, in a January 2020 decision, the Board denied entitlement to service connection for a nervous condition. The Veteran appealed the Board's January 2020 decision to the United States Court of Appeals for Veterans Claims (Court). In November 2020, the Court granted a Joint Motion for Partial Remand (JMPR) and vacated the January 2020 Board's denial of entitlement to service connection for a nervous condition. The case was returned to the Board for development consistent with the JMPR. Entitlement to service connection for a nervous condition is remanded. The Veteran is seeking entitlement to service connection for a nervous condition, which he has contended is related to having his teeth pulled during service. The Board finds that additional development is needed prior to adjudication of this claim. A VA examination was obtained in May 2016. The VA examiner concluded that the Veteran did not fulfill any of the DSM V criteria for a formal mental disorder diagnosis at the time and was therefore unable to render an opinion. The Veteran's treatment records contain diagnosis and treatment for anxiety from 2010 to 2019. See VA Treatment Records. Most recently a September 2019 treatment note indicated that the Veteran's anxiety fluctuates between moderate and mild, according to a self-report assessment. In February 2020, the Veteran underwent a private evaluation. He was diagnosed with major depressive disorder and general anxiety. The private doctor suggested that the Veteran's acquired psychiatric disorders may be related to his bilateral hearing loss disability. A new VA examination is needed to determine the Veteran's current acquired psychiatric disorders. Additionally, an opinion is needed to determine whether that condition had an in-service onset or is otherwise related to his service. The opinion must also address whether there is an etiological relationship between the Veteran's claimed acquired psychiatric disorders are proximately due or aggravated by his service-connected bilateral hearing loss disability. The matters are REMANDED for the following actions: 1. Ask the Veteran to provide the names and addresses of all medical care providers who have treated him for his nervous condition and anxiety. After securing the necessary releases, request any identified records that are not duplicates of those associated with the claims file. If any requested records cannot be obtained, the Veteran should be notified of such. 2. Schedule the Veteran for a VA psychiatric examination to address the claim of entitlement to service connection for a nervous condition. The claims file must be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted and the results reported. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or more) that the Veteran's major depressive disorder, general anxiety disorder, and any other diagnosed acquired psychiatric disorders are related to service, including having his teeth extracted during service. The VA examiner must also provide an opinion regarding whether it is at least as likely as not (50 percent probability or more) that the Veteran's major depressive disorder, general anxiety disorder, and any other diagnosed acquired psychiatric disorders are proximately due to or aggravated by his service-connected bilateral hearing loss and tinnitus. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. R.R. WATKINS Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. N. Wilson, 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.