Citation Nr: 21031449
Decision Date: 05/21/21	Archive Date: 05/21/21

DOCKET NO. 12-19 892
      DATE: May 21, 2021

REMANDED

The appeal for service connection for an acquired psychiatric disorder, to include PTSD, anxiety, major depressive disorder with psychotic disorder, borderline personality disorder, and alcohol use disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1995 to May 1999 and from June 2001 to November 2001.  The Board thanks her for her service.  She appeals a May 2010 rating decision denying service connection for a psychiatric disorder based on a claim filed in June 2009.  The Board reopened a claim for service connection for a psychiatric disorder in December 2014 and remanded the matters then and in June 2019 and April 2021.  Unfortunately, and regrettably, not all action required on remand has been performed, and remand is required again.  It is necessary to know whether the Veteran's psychiatric disorders clearly and unmistakably were not aggravated by her June 2001 to November 2001 period of service, and the VA examiner who was assigned to the task following the April 2021 remand opined that they were less likely than not aggravated by that period of service.  This is not sufficient for us to proceed with adjudication of the claim on the merits, and so remand is required for corrective action.  

The matters are REMANDED for the following action:

The AOJ should arrange for an addendum medical opinion, with an examiner other than the one who provided the January 2020 VA opinion, that addresses the following:

Were the Veteran's psychiatric disabilities clearly and unmistakably not aggravated beyond their natural progress by her second period of active service from June 2001 to November 2001? It should be taken as fact that the Veteran's psychiatric disorders preexisted this period of service.

The examiner should review the Veteran's medical history, service era treatment records, and post-service VA and private treatment records and the Veteran's lay statements.  A complete rationale must be provided for the medical opinion, and the examiner is reminded to be sure to answer the question of whether the disorders clearly and unmistakably were not aggravated by the period of service from June 2001 to November 2001.    

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	C. Lawson

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.