Citation Nr: 21032121
Decision Date: 05/25/21	Archive Date: 05/25/21

DOCKET NO. 11-33 941
DATE: May 25, 2021

REMANDED

Service connection for an acquired psychiatric disorder, to include anxiety disorder, depression disorder, and posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Air Force from November 1974 to March 1977. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).  In December 2017, the Board remanded this matter for further development.

In October 2019, the Board issued a decision denying the claim.  In a January 2021 Order, the United States Court of Appeals for Veterans Claims (Court) endorsed a joint motion for remand (JMR), vacating the Board's October 2019 decision and remanding the case for further action consistent with the terms of the joint motion.

As noted above, this matter was returned to the Board pursuant to a January 2021 JMR.  "A joint motion for remand, when drafted properly, identifies ... clear instructions to the Board as to what it is required to address, and what actions it is required to take, on remand.  This increases both administrative and judicial efficiency."  Carter v. Shinseki, 26 Vet. App. 534, 541 (2014), vacated on other grounds sub nom. Carter v. McDonald, 794 F.3d 1342 (Fed. Cir. 2015).

In March 2018, the Veteran underwent an examination for his claim.  However, the opinion provided is inadequate as the examiner did not consider the Veteran's statements that he has had depressive symptoms related to his weight since separation.  The Veteran is competent to report observable symptoms of depression.  As such, a remand is necessary to obtain an addendum opinion.  

The matter is REMANDED for the following action:

Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's acquired psychiatric disability is at least as likely as not related to treatment in the Air Force related to being overweight.  The Board notes for the examiner that the Veteran is competent to report symptoms of depression.

 

 

J. Smith

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Chandeck, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.