Citation Nr: 21031758 Decision Date: 05/24/21 Archive Date: 05/24/21 DOCKET NO. 16-39 969 DATE: May 24, 2021 REMANDED Service connection for an acquired psychiatric disorder, to include as secondary to a service-connected disability, is remanded. REASONS FOR REMAND The Appellant served on active duty for training (ACDUTRA) from February 1987 to May 1987, followed by an unverified period of service in a Reserve component. He then served on active duty from October 1988 to May 1990 but received a discharge of "under other than honorable conditions" for this period. The appellant is a "Veteran" based only on his honorable service from February 1987 to May 1987. See generally 38 U.S.C. §§ 101, 5303; 38 C.F.R. §§ 3.1, 3.12. His other than honorable discharge for his subsequent service from October 1988 to May 1990, unless upgraded, precludes considering him as a "Veteran" for that additional service. See Administrative Decision approved in August 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision in which the Department of Veterans Affairs (VA) denied service connection for depression. In November 2018, the Board remanded the matter for a VA examination and opinion. At that time, the Board broadened the claim to service connection for an acquired psychiatric disorder. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). In January 2020, the Board found the opinion inadequate and remanded for an addendum opinion. Regrettably, the Board finds that this matter must be remanded again to obtain another medical opinion. While the Veteran was afforded a VA examination in February 2020, and a medical opinion was obtained at that time, the opinion is inadequate. The examiner diagnosed an alcohol induced depressive disorder and opined that it is not a result of service, or caused by any service-connected disability, or aggravated beyond its predictable course by any service-connected disability. While the Board appreciates the opinion, the rationale does not fully support the opinion that the Veteran's psychiatric disorder was not caused or aggravated by a service-connected disability. Rather, the opinion simply argued against a private physician's opinion connecting the Veteran's mood symptoms to his service-connected sinusitis with headache symptoms. The examiner did not provide any rationale for the opinion that the psychiatric disorder was not aggravated by the service-connected sinusitis with headache symptoms, or address the other service-connected disabilities of obstructive sleep apnea, left index finger tenosynovitis, or left index finger scar. Thus, an addendum opinion that addresses the above should be obtained. Moreover, additional evidence has been added to the claims file since the February 2020 examination, including an October 2020 statement from the Veteran's mother and a November 2020 medical opinion from a private physician. In rendering the requested addendum opinion on remand, the examiner should address these statements. Lastly, a March 2021 rating decision granted service connection for migraines. While the Veteran's headaches were previously evaluated as part of his service-connected sinusitis with headache symptoms and should have been considered by the examiner, to ensure a fully informed opinion, an opinion that specifically addresses the migraines is needed. Accordingly, this matter is REMANDED for the following action: Obtain an addendum opinion from the VA examiner who conducted the February 2020 examination, or a suitable substitute. The examiner should again review the claims file, to include the additional evidence added to the claims file since the examination, including an October 2020 statement from the Veteran's mother and a November 2020 opinion from a private physician. Specifically, the examiner should address the following, with complete rationale for all conclusions rendered: (a.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's depressive disorderdiagnosed as a depressive disorder due to another medical condition with mixed features and an alcohol induced depressive disorderwas caused by his service-connected obstructive sleep apnea, migraines, sinusitis, left index finger tenosynovitis, or left index finger scar? (b.) Is it at least as likely as not (50 percent or greater probability) that the Veteran's depressive disorderdiagnosed as a depressive disorder due to another medical condition with mixed features and an alcohol induced depressive disorderwas aggravated by his service-connected obstructive sleep apnea, migraines, sinusitis, left index finger tenosynovitis, or left index finger scar? THERESA M. CATINO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. W. Kim, 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.