Citation Nr: 21031503 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 18-34 805 DATE: May 24, 2021 REMANDED Entitlement to service connection for a psychiatric disability, claimed as depression and/or posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1973 to January 1975. This matter comes before the Board of Veterans' Appeals (Board) on appeal from December 2013 and January 2017 rating decisions of a Regional Office (RO) of the Department of Veterans Affairs (VA). Because both these decisions addressed initial service connection claims for psychiatric disabilities, and both were perfected for appellate review by the Board, they will be considered together. On his January 2016 VA Form 9, filed as part of his service connection claim for PTSD, the Veteran requested a personal hearing before a Veterans Law Judge. On his June 2018 VA Form 9, however, filed as part of his service connection claim for depression, the Veteran stated he did not desire such a hearing. In March 2021, he was sent a letter requesting clarification regarding his hearing request. To date, no response has been received. Thus, the Veteran is considered to no longer desire a hearing before a Veterans Law Judge, and adjudication of his appeal will proceed. The Board further notes that the Veteran has perfected appeals of the following issues: service connection for osteoarthritis, spina bifida occulta, disabilities of the cervical and lumbosacral spine, hypertension, erectile dysfunction, and a cognitive disorder; increased ratings for bilateral plantar warts, bilateral hammertoes, and tinea pedis, and; entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. As those issues have a separate representative, they have been assigned a separate docket number and will be the subject of a later Board action. Entitlement to service connection for a psychiatric disability, claimed as depression and/or PTSD, is remanded. The Veteran seeks service connection for a psychiatric disability, claimed as depression and/or PTSD. He asserts a psychiatric disability had its onset during service or is otherwise related to an in-service disease, injury, or other incident of service, and service connection is therefore warranted. The Veteran was afforded a VA examination and medical opinion in June 2015, at which time a VA examiner diagnosed an unspecified depressive disorder. Regarding the etiology of this disorder, the examiner noted that the Veteran had discontinued substance abuse only two months ago. Because of this recent history of substance abuse, the examiner was unable to determine if the Veteran's current depressive disorder was related to his claimed sleep problems in service. The Board further notes that the Veteran's VA treatment records contain several diagnoses of PTSD, but do not reflect an opinion regarding the etiology of this diagnosis. Based on the above, a new VA medical examination and/or opinion is required. The Board further notes, however, that according to an October 2020 VA Form 27-0820e, Report of Incarceration, the Veteran was arrested for a parole violation and was awaiting trial and sentencing. As such, if the Veteran is found unavailable for VA examination, a new VA medical opinion alone will be sufficient. The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA psychiatric examination with a VA or VA-contracted psychiatrist or psychologist. The examiner must conduct all appropriate tests to determine if the Veteran has a diagnosis of PTSD or any other psychiatric disability pursuant to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). If the Veteran is unavailable for personal examination, a medical opinion alone, based on a full review of the claims file, is sufficient to meet the terms of this remand. If the examiner concludes a diagnosis of PTSD is warranted, the examiner must note the specific in-service stressor or stressors which support such a diagnosis. If the Veteran does not meet the criteria for a diagnosis of PTSD (or any acquired psychiatric disorder), the examiner must specifically say so and explain why. (Continued on the next page) Then, for each psychiatric diagnosis rendered, the examiner must opine whether it is at least as likely as not (50 percent or greater probability) that the psychiatric disability was manifested in or is otherwise related to the Veteran's military service, including his claimed stressors. The examiner must consider the service and post-service treatment records, as well as the lay statements of record. A complete rationale must be provided for each opinion offered. 2. After undertaking any additional development deemed appropriate and giving the Veteran full opportunity to supplement the record, adjudicate the Veteran's pending claim in light of any additional evidence added to the record. If any benefit sought on appeal remains denied, the Veteran and his representative should be furnished with a Supplemental Statement of the Case and be afforded the applicable opportunity to respond before the record is returned to the Board for further review. B. G. LeMoine Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Thomas D. Jones, 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.