Citation Nr: 21027262
Decision Date: 05/05/21	Archive Date: 05/05/21

DOCKET NO. 18-46 789
DATE: May 5, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1974 to February 1976.  He appeals a March 2015 rating decision denying entitlement to service connection for an acquired psychiatric disorder, to include depression.

This appeal previously came before the Board in August 2019, at which time the Board denied the claim.  The Veteran appealed that denial to the Court of Appeals for Veterans Claims (Court).  In October 2020, the Court vacated the August 2019 Board decision and remanded the claim to the Board for further development and readjudication. 

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

VA's duty to obtain a medical examination regarding a claim for entitlement to service connection has a low bar.  The duty is triggered when there is (1) evidence of a current disability,  or  recurrent  symptoms  of  a  disability,  (2)  evidence  establishing  an  in-service event or injury occurred that would support incurrence or aggravation, (3) an indication that the current disability may be related to the in-service event, and (4) insufficient evidence to decide the case.  McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006).  That a disability may be related to the in-service event or injury is a low threshold. 

Upon careful review of the evidence, the Board finds that the duty to obtain a VA examination has been triggered.

Several of the Veteran's family members submitted lay statements describing in detail the observable psychological changes the Veteran exhibited immediately following separation from service.  He has been diagnosed with major depressive disorder.  Hence, there is an indication that the Veteran's current psychiatric disorder may have developed during service and persisted to the present.  However, a medical opinion discussing a possible link between the Veteran's current psychiatric disorder and service has not been obtained.  Therefore, there is insufficient evidence to decide the case and remand for a VA examination is necessary. 

The matter is REMANDED for the following action:

1. Obtain any outstanding VA treatment records that are currently not of record.  If the Veteran has received any relevant private treatment, he should be afforded the opportunity to submit these records.

2. After completion of the development outlined above, schedule the Veteran for a VA examination to determine the etiology of his acquired psychiatric disorder.  The examiner is asked to identify all acquired psychiatric disorders present.  For each identified disorder, the examiner is asked to respond to the following inquiry:

Is it at least as likely as not that the identified disorder had onset during or is otherwise related to any incident of active service?

The examiner is specifically asked to consider the lay statements of record describing the Veteran's behavior upon returning home from service.

The examiner is advised that the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinions.  If the examiner rejects the Veteran's reports of symptomatology, he or she must provide a reason for doing so.

The complete rationale for all opinions should be set forth.

 

 

M. Pryce

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Daniel Ballinger, Associate Counsel