Citation Nr: 21031043
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 17-60 793
DATE: May 20, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from January 1971 to June 1971. The matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

In March 2021, the Veteran testified at a virtual hearing before the undersigned Veterans Law Judge. A transcript of the hearing os associated with the claims file.

The duty to assist requires provision of an examination when there is a current disability, an injury in service, and a possible nexus between them. 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). In a letter associated with his August 2016 Fully Developed Claim, the Veteran contends that his claimed psychiatric disorder, to include opiod addiction, is due to the medication he was provided following oral surgery in May 1971. VA treatment records document the Veteran's opiod addiction as well as a claimed diagnosis for major depressive disorder in March 2019. His military personnel records include a Drug and Alcohol Abuse Treatment Program Report of Evaluation in which the psychiatrists noted the Veteran's depression as moderate. Service treatment records from May 1971 include a report of medical history on which the Veteran marked both yes and no for having had depression; different marks are used and it is unclear which is intended. The possibility of a nexus to service for the claimed condition is raised. No examination was provided. Therefore, a VA examination for the Veteran's claimed acquired psychiatric disorder to include opiod addiction is warranted based on the pre-decisional error. 

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA mental disorders examination; the claims folder must be reviewed in conjunction with the examination.

For each identified diagnosis, the examiner must opine as to whether it is at least as likely as not (50 percent probability or greater) caused or aggravated by active service, to include use of opiods following dental treatment. A full and complete rationale is required for all opinions expressed.

2. Then, readjudicate the claim. If the benefit sought is not granted, furnish a supplemental statement of the case and then return the appeal to the Board, if otherwise in order. 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Nolan, Shane D.

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.