Citation Nr: 21030535
Decision Date: 05/19/21	Archive Date: 05/19/21

DOCKET NO. 14-12 521
DATE: May 19, 2021

REMANDED

Entitlement to service connection for dysthymic disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from July 1971 to July 1975.

The claim was brought before the Board in December 2017 and December 2019 and was remanded for further development.

Entitlement to Service Connection: Dysthymic Disorder 

Although the Board sincerely regrets further delay, another remand is required to afford the Veteran every possible consideration.

In February 2020, a VA opinion was obtained.  The examiner opined the Veteran's condition did not clearly and unmistakably exist prior to service.  The examiner explained that the Veteran did not have any markers for depression or other mental health issues prior to service based on the Veteran's report.  The examiner then opined that the Veteran's condition more likely than not started during service. 

However, although the examiner opined the Veteran's condition more likely than not started during service, the examiner did not elaborate on the opinion provided, to include not providing a rationale for the opinion or addressing any in-service event that may have caused the Veteran's condition.  

Thus, the Board finds that a remand is required in order to obtain an addendum opinion clarifying the above.

The matters are REMANDED for the following action:

Send the claims file to the examiner who provided the February 2020 VA opinion on the Veteran's dysthymic disorder.  If the February 2020 examiner is not available, then the file should be sent to an appropriate examiner for the requested opinion.  A copy of this remand should be made available to the examiner.   If the examiner determines the requested opinion cannot be provided without an examination, then such examination should be scheduled and may be conducted via telehealth or similar service during the social distancing restrictions of the COVID-19 pandemic.   

Following a review of the entire record, to include the Veteran's competent lay statements, as well as the Veteran's report regarding the onset and progression of his current symptomatology, the examiner should opine is it at least as likely as not (50 percent probability or more) that the Veteran's dysthymic disorder is related to his period of active service, to include his reports of being partially isolated at the island of Diego Garcia and his reports of anger/frustration during this period?

In offering any opinion, the examiner must consider the full record, to include the lay statements regarding in-service incurrence, and the opinion should reflect such consideration.  A clearly-stated rationale for any opinion offered should be provided and must not be based solely on the lack of any in-service records.    

If the examiner is unable to provide an opinion without resort to speculation, he or she should explain whether the inability is due to the limits of the examiner's medical knowledge, medical knowledge in general or there is evidence that, if obtained, would permit the opinion to be provided.  

 

 

JENNIFER HWA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Negron, 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.