Citation Nr: 21029184
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 16-36 500
DATE: May 12, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran had active service from November 1987 to November 1991.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2015 rating decision.  This matter was previously before the Board in September 2019.

Service connection for an acquired psychiatric disorder, to include PTSD

The Veteran seeks service connection for an acquired psychiatric disorder, maintaining this disability is PTSD.  At the most recent VA examination in January 2020, a diagnosis of an unspecified anxiety disorder was made.  After this examination was conducted, however, the Veteran appears to have received a new diagnosis of a recurrent major depressive disorder in August 2020.  Consequently, the Board finds that an additional opinion is required to determine whether the Veteran's additional diagnosis affects the analysis.

Additionally, the January 2020 examiner appears to have relied in part on the lack of in-service treatment or absence of treatment for many years after the Veteran's service as part of the rationale.  However, in January 2016 correspondence, the Veteran explained that he had purposely avoided showing weakness or seeking treatment.  Consequently, the Board would like an additional opinion as to whether the Veteran's psychiatric condition is at least as likely as not related to his service in light of his explanation for his lack of treatment during, and for years after, service. Accordingly, this matter is REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's acquired psychiatric condition is at least as likely as not caused or aggravated by his active service.  If this opinion cannot be provided without an additional examination, the Veteran should be scheduled for an additional examination.  In rendering this opinion, the clinician should consider: 

a.	the change in the Veteran's psychiatric diagnosis from an unspecified anxiety disorder (in January 2020) to a recurrent to a recurrent major depressive disorder (in August 2020) and

b.	 the Veteran's January 2016 explanation for the lack of treatment for his asserted psychiatric condition during service and for years thereafter.  

2. After the development requested above, along with any additional development that may be indicated as a result, is completed, readjudicate the claim on appeal.  If the claim is not granted to the Veteran's satisfaction, provide the Veteran and his representative a responsive Supplemental Statement of the Case (SSOC) and adequate time to respond.  Then, if the matter is otherwise in order, return the matter to the Board for further appellate review.

No action is required of the Veteran until he is notified by VA.  However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied.  Kowalski v. Nicholson, 19 Vet. App. 171 (2005).  His failure to report for any scheduled VA medical examination may impact the determination made.  38 C.F.R. § 3.655.  The Veteran also is advised that he has the right to submit additional evidence and argument with respect to these matters.  Kutscherousky v. West, 12 Vet. App. 369 (1999).  This appeal must be afforded prompt treatment.

 

 

THERESA M. CATINO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.