Citation Nr: 21031315 Decision Date: 05/21/21 Archive Date: 05/21/21 DOCKET NO. 17-22 536A DATE: May 21, 2021 ORDER New and material evidence having been received, the claim to reopen entitlement to service connection for an acquired psychiatric disorder is granted. REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. FINDINGS OF FACT 1. An unappealed December 2010 rating decision denied entitlement to service connection for an acquired psychiatric disorder. 2. The evidence associated with the claims file subsequent to the December 2010 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 an acquired psychiatric disorder. CONCLUSION OF LAW New and material evidence has been received to reopen the claim of entitlement to service connection for an acquired psychiatric disorder. 38 U.S.C. § 5108 (2018); 38 C.F.R. § 3.156 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from November 17, 1990 to July 21, 1991. This case comes before the Board of Veterans' Appeals (Board) on appeal of a June 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In March 2021, the Veteran testified before the undersigned Veterans Law Judge at a Board hearing, and a transcript is of record. New and material evidence having been received, the claim to reopen entitlement to service connection for an acquired psychiatric disorder is granted. Entitlement to service connection for an acquired psychiatric disorder was initially denied in a March 1993 rating decision. The Veteran appealed that decision, and the Board ultimately denied the Veteran's claim in August 1996. The Board found that the record lacked evidence of a relationship between the Veteran's currently diagnosed acquired psychiatric disorder and service. The Veteran did not appeal the Board's decision, and it became final. The Veteran made various attempts to reopen his previously denied claim. However, rating decisions dated in July 2005, December 2007, April 2009, December 2009, and December 2010 found that no new and material evidence had been presented, and all denied reopening the previously denied claim. The Veteran did not thereafter appeal the December 2010 decision or submit any evidence until he filed his current claim to reopen in November 2014. The pertinent evidence that has been received since the latest final decision includes the Veteran's testimony before the undersigned, as well as a private etiological opinion. This evidence suggests that a relationship exists between the Veteran's currently diagnosed acquired psychiatric disorder and his service in Desert Storm. Accordingly, the Board finds that reopening the claim of entitlement to service connection for an acquired psychiatric disorder is warranted. To that extent only, the appeal is allowed. REASONS FOR REMAND Entitlement to service connection for an acquired psychiatric disorder is remanded. Although the Veteran's service treatment records are sparse, a June 1980 enlistment examination report notes that the Veteran endorsed a history of depression or excessive worry, loss of memory or amnesia, nervous trouble of any sort, and frequent trouble sleeping. The examiner, however, found that the Veteran's responses were "of no apparent medical significance." Additionally, treatment records reflect that the Veteran was admitted for psychiatric hospitalization in April 1990, prior to his active duty in Desert Storm. His diagnoses at that time included adjustment disorder with depressed mood and major depression with suicidal ideation. The medical opinion evidence is in conflict regarding whether the Veteran's current acquired psychiatric disorder began during active duty. See, e.g., August 1995 VA examination report; see also October 2020 private examination report. However, no examiner has addressed whether the Veteran had a preexisting psychiatric disorder that was aggravated by active duty. Consequently, the Board finds that remand for an adequate examination is required. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA examination with a psychologist or psychiatrist to determine the nature and etiology of any currently diagnosed acquired psychiatric disorder. The Veteran's claims file must be made available to, and reviewed by the examiner. All indicated tests should be conducted and the results reported. The report of examination should also include a discussion of the Veteran's documented history and assertions, including onset of psychiatric symptoms. Following review of the claims file and examination of the Veteran, the examiner should provide a diagnosis for any psychiatric disorder found during the claim period (since November 2014) and respond to the following: (a) Is it clear and unmistakable (obvious, manifest, and undebatable) that an acquired psychiatric disorder preexisted the Veteran's active service? (b) If so, is it clear and unmistakable that the acquired psychiatric disorder WAS NOT aggravated during service? (c) If the acquired psychiatric disorder did not preexist service, is it at least as likely as not (a probability of 50 percent or greater) that it had its onset during active service or is otherwise related to an event in service, to include the Veteran's service in Desert Storm? A complete and detailed rationale must be provided for all opinions expressed. 2. Then, readjudicate the claim. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the claim to the Board. Kristin Haddock Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Roya Bahrami, 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.