Citation Nr: 21028471
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 09-28 109
DATE: May 11, 2021

REMANDED

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

REASONS FOR REMAND

This claim was denied in an April 2016 Board decision, which he appealed to the U.S. Court of Appeals for Veterans Claims (Court).  In March 2017, the Court granted a joint motion for remand (JMR) returning the Veteran's claim to the Board.  The Veteran's claim was denied again in a July 2017 Board decision.  This decision was subsequently appealed and another JMR was issued by the Court in May 2018.  The Board then remanded the case in November 2018 for the Veteran to receive a VA examination.

The Veteran received a VA examination in December 2019, but the Board finds another examination is necessary to fully adjudicate his claim.  At his August 2010 Board hearing, the Veteran testified that he first started feeling depressed while in basic training.  The Veteran reported nightmares and that he talked to the chaplain about his issues but was told to be strong.  He testified that he continued to experience depression while in service.  The December 2019 VA examination failed to consider his lay statements in forming an opinion.  The Board acknowledges the previous discussions concerning the Veteran's credibility as a reliable historian; however, the May 2018 JMR noted that there was not adequate reasons and bases provided for finding the Veteran unreliable.  A new opinion is needed. 

The matters are REMANDED for the following action:

1. Schedule the Veteran for an examination with an appropriate clinician for his acquired psychiatric disability, to include depression.  The entire claims file and a copy of this remand must be made available to the examiner for review.

The examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's acquired psychiatric disability, to include depression began during active service, is related to an incident of service, including the Veteran's statements that the felt depressed in service due to the intensity of basic training. 

For the purposes of this remand only, and for the limited purpose of conducting the examination and providing a medical opinion, the examiner should assume that the Veteran's lay assertions describing his in-service accounts of depression and nightmares in service are true.  If there is a medical reason to doubt the veracity, the examiner should explain why the Veteran's recollection is inconsistent with the principles of medical science and/or the evidence in this case.

The examiner should specifically address the Veteran's lay statements and must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report.  If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion.

2. Then, readjudicate the claim.  If any decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response.  Then return the case to the Board.

 

 

D. Martz Ames

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Brunot, 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.