Citation Nr: 21029058 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 17-08 728 DATE: May 12, 2021 ORDER The Board having determined that new and material evidence has been received, reopening the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for an acquired psychiatric disability, to include major depressive disorder with psychotic features is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded. FINDINGS OF FACT 1. An unappealed September 1986 rating decision denied entitlement to service connection for PTSD. 2. The evidence associated with the claims file subsequent to the September 1986 rating decision is neither cumulative nor redundant of evidence already of record, and raises a reasonable possibility of substantiating the claim of entitlement to service connection for PTSD. CONCLUSION OF LAW New and material evidence has been received to reopen the claim of entitlement to service connection for PTSD. 38 U.S.C. § 5108 (2018); 38 C.F.R. § 3.156 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service in the Marine Corps from July 1969 to November 1971. Unfortunately, the Veteran died in February 2015. The appellant is the Veteran's surviving spouse, who has been substituted as the appellant in this appeal. This case comes before the Board of Veterans' Appeals (Board) on appeal from July 2011 and May 2013 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO). A review of the record shows that the Veteran has been diagnosed with major depressive disorder with psychotic features and alcohol use disorder. Therefore, the Board has broadened its consideration in accordance with Clemons v. Shinseki, 23 Vet. App. 1 (2009). A September 1986 rating decision administratively denied entitlement to service connection for PTSD because the Veteran failed to report for a VA examination. The pertinent evidence that has been received since the December 2014 rating decision includes VA outpatient treatment reports which include various psychiatric diagnoses including PTSD, major depressive disorder, psychiatric disorder, psychotic disorder, cocaine abuse, and alcohol dependence. The Board finds that the new evidence obtained is not cumulative or redundant of the evidence previously of record. It also raises a reasonable possibility of substantiating the Veteran's claim. Accordingly, reopening the claim of entitlement to service connection for PTSD is warranted. To that extent only, the appeal is allowed. REASONS FOR REMAND The claim of entitlement to service connection for an acquired psychiatric disability must be remanded for the issuance of a supplemental statement of the case (SSOC). A review of the record shows that additional relevant evidence was added to the file by VA since the January 2015 statement of the case (SOC). Specifically, VA medical treatment records and a January 2015 VA PTSD examination report have been associated with the Veteran's file. As no supplemental statement of the case (SSOC) was issued after the addition of those records to the claims file, remand is required so that this new evidence can be reviewed in the first instance by the agency of original jurisdiction (AOJ). 38 U.S.C. § 7105; 38 C.F.R. § 19.31. Of note, at the January 2015 VA PTSD examination, the Veteran was diagnosed with major depressive disorder with psychotic features and alcohol use disorder. However, the examiner offered no opinion as to the etiology of the disorder. When VA undertakes to provide a Veteran with an examination, that examination must be adequate for VA purposes. Barr v. Nicholson, 21 Vet. App. 303 (2007). Here, no etiological opinion was included with the examination report. Thus, the Board finds that an addendum medical opinion is warranted to address the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder. Lastly, adjudication of the TDIU claim is deferred as it is inextricably intertwined with the claim being remanded. See Harris v. Derwinski, 1 Vet. App. 180, 183 (1991). The matters are REMANDED for the following action: 1. Return the claims file to the January 2015 VA examiner (or another suitably qualified psychologist or psychiatrist) for an addendum opinion regarding the Veteran's claimed acquired psychiatric disorder. Based on a thorough review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that any psychiatric disability diagnosed since 2010, to include major depressive disorder with psychotic features, had its onset during the Veteran's active service, or is otherwise etiologically related to such service. A complete rationale should be included for any opinion provided. 2. Confirm that the VA examination report comports with this remand, and undertake any other development determined to be warranted. 3. Then, readjudicate the claims. If a decision remains adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Cryan, 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.