Citation Nr: 21031126 Decision Date: 05/20/21 Archive Date: 05/20/21 DOCKET NO. 18-12 690 DATE: May 20, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from December 1982 to June 1985. This case was previously before the Board in April 2019 and February 2020. Most recently, the Board denied service connection for an acquired psychiatric disorder. The Veteran timely appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In January 2021, pursuant to a Joint Motion for Partial Remand (Joint Motion), the Court vacated that part of the Board's February 2020 decision. The matter has now been returned to the Board for further appellate action. In light of the Joint Motion, a remand is necessary. The parties agreed that the Board erred by relying upon an inadequate medical opinion as to the Veteran's psychiatric disorder. Remand is warranted to obtain an addendum medical opinion that adequately addresses whether the Veteran's has an acquired psychiatric disability incurred during service that is super imposed on his personality disorder. Although personality disorders are specifically excluded from the definition of disease or injury within the meaning of VA statutes and regulations, service connection may still be granted for additional disability that was superimposed over the personality disorder during service. Therefore, a medical opinion on the etiology of the Veteran's depressive disorder is necessary. The matters are REMANDED for the following action: 1. Contact the Veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for his psychiatric disorders. The Veteran should be requested to sign any necessary authorization for release of medical records to VA, and appropriate steps should be made to obtain any identified records. 2. After completion of the development requested above, the AOJ should forward the entire claims file in electronic records to the July 2019 examiner for an addendum opinion on the nature and etiology of the Veteran's psychiatric disabilities. If the July 2019 examiner is unavailable, the entire claims file should be forwarded to a suitably qualified VA examiner. If additional examination is indicated, it should be scheduled in accordance with applicable procedures and all indicated studies should be performed. The examiner should provide an opinion as to whether the Veteran's diagnosed depressive disorder is at least as likely as not related to his active service. The examiner should also provide an opinion as to whether it is at least as likely as not (i.e., 50 percent or greater probability) that the Veteran suffers from additional disability due to aggravation of his personality disorder during service because of a superimposed disease or injury. The opinions must address the Veteran's service treatment records, post-service medical records, and lay statements. The Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptoms. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. The examiner is asked to explain the reasons behind any opinions expressed and conclusions reached. All opinions must be accompanied by a clear rationale. If the examiner opines that any of the above questions cannot be resolved without resorting to speculation, then a detailed medical explanation as to why must be provided. GAYLE STROMMEN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Sherman Associate 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.