Citation Nr: 21028970 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 11-04 652 DATE: May 12, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder, bipolar disorder, and anxiety disorder, to include as secondary to service-connected bronchial asthma is remanded. Whether new and material evidence has been introduced to reopen a claim of service connection for a cognitive impairment is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1990 to April 1991. These matters come before the Board of Veterans' Appeals (Board) on appeal from rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). These matters have been before the Board on several occasions. Most recently, the Board remanded them in September 2019. They have been returned to the Board for appellate review. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, major depressive disorder, bipolar disorder, and anxiety disorder, to include as secondary to service-connected bronchial asthma is remanded. Although it regrets the additional delay, the Board finds that this matter must be remanded once again in order that development previously ordered be satisfactorily completed. The record as it stands does not permit final adjudication of the Veteran's service connection claim. The Board's September 2019 remand directed the VA examiner to "specifically consider the lay statements of record, to include those submitted in 1994, regarding the Veteran's change in demeanor and personality upon returning from active duty and in the three years post-active duty service," in considering whether a currently diagnosed mental condition was related to service, to include fear of hostile military or terrorist activity. If those statements were considered it is not apparent from the VA examiner's February 2020 opinion or July 2020 addendum. Moreover, that examiner has not clarified which psychiatric diagnoses are present in the instant case; while the record reflects diagnoses of major depressive disorder and anxiety disorder, the VA examiner did not list those as current diagnoses, nor did she explain why she declined to do so. On remand, an adequate VA examination must be conducted and a responsive opinion as to etiology obtained. 2. Whether new and material evidence has been introduced to reopen a claim of service connection for a cognitive impairment is remanded. The Board continues to find that the Veteran's claim to reopen the claim of entitlement to service connection for a cognitive impairment is inextricably intertwined with his claim of entitlement to service connection for an acquired psychiatric disorder. The granting of service connection for an acquired psychiatric disorder would potentially affect the issue of whether the Veteran's claim to reopen should be granted. Therefore, the appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to remand the claim on appeal pending the adjudication of the inextricably intertwined claim. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. After obtaining the necessary authorization, update the claims file with any outstanding and relevant VA and/or private treatment records. 2. Then, schedule the Veteran for a VA examination with an examiner who has had no prior involvement in this matter. The examiner is directed to review the claims file in full, including this remand, and furnish a notation indicating that such review has taken place. The examiner is directed to list all current psychiatric diagnoses by which the Veteran is beset. If the examiner determines that a diagnosis listed in treatment records, including major depressive disorder or anxiety disorder, is inapplicable, that finding must be fully explained. For each active diagnosis other than PTSD, the examiner is directed to state whether it is at least as likely as not (50 percent probability or greater) that the condition began in service or is otherwise related to service in any way. If PTSD is diagnosed, the examiner is directed to state whether, on an at least as likely as not basis, the condition is related to service in an area where the Veteran had fear of hostile military or terrorist activity. If any diagnosed condition other than PTSD is found not to be related to service, or if PTSD is found not to be related to fear of hostile military or terrorist activity, the examiner should state whether, on an at least as likely as not basis, the diagnosed condition has been aggravated beyond its normal course or progression by service-connected bronchial asthma. If aggravation is shown, the examiner should quantify the degree or aggravation if possible. A thorough rationale must accompany all opinions expressed. 3. Review the examination report and any opinions expressed to ensure they are in complete compliance with the directives of this remand. 4. Then, readjudicate the claim. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.