Citation Nr: 21032390 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 17-56 245 DATE: May 26, 2021 ORDER New and material evidence having been received, the issue of entitlement to service connection for chronic cervicitis is reopened. REMANDED Entitlement to service connection for chronic cervicitis is remanded. Entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD), to include depression, is remanded. Entitlement to service connection for a bilateral eye disability is remanded. REASONS FOR REMAND The Veteran served on active duty from August 1979 to June 1995. This matter comes before the Board of Veterans' Appeals (Board) from April and September 2015 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). In a November 2019 Board decision, the Board remanded the issues of entitlement to service connection for an acquired psychiatric disorder other than PTSD and a bilateral eye disability for additional development. In the same decision, the Board denied the Veteran's claim to reopen the issue of service connection for chronic cervicitis. The Veteran subsequently appealed the Board's denial to the United States Court of Appeals for Veterans Claims (Court), which vacated the November 2019 Board decision in relevant part and remanded the matter for further development in a December 2020 Joint Motion for Remand (JMR). The above matters have now returned to the Board for further appellate review. Regarding the Veteran's claim for service connection for chronic cervicitis, the RO last denied the Veteran's claim in September 2004. The Veteran did not appeal the decision or submit new evidence in connection with the claims within the appeal period and it became final. See 38 C.F.R. § 3.156(b). In connection with her claim to reopen, the Veteran submitted lay statements, treatment records, and a private medical opinion regarding symptomatology related to her claimed condition. Thus, the Board finds that new and material evidence has been received sufficient to reopen the previously denied claims. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110, 117-18 (2010); Justus v. Principi, 3 Vet. App. 510, 513 (1992). 1. Entitlement to service connection for chronic cervicitis is remanded. The Veteran is seeking service connection for chronic cervicitis. A review of the Veteran's service treatment records reveal that the Veteran was diagnosed with chronic cervicitis while on active duty service. Accordingly, the Board finds that the Veteran experienced a qualifying in-service illness. A review of the Veteran's VA treatment records shows that the Veteran was last noted to have atypical cervical cells in September 2016. In support of her claim, the Veteran submitted a March 2021 medical opinion by a private physician who opined that the Veteran's in-service chronic cervicitis has continued since service. In January 2020, the Veteran received a VA examination regarding gynecological issues. During that examination, the Veteran was noted to have no diagnosed conditions of the cervix at that time. As there is conflicting medical evidence contained in the record, the Board finds that remand is warranted to obtain a new VA medical examination regarding the nature and etiology of the Veteran's claimed chronic cervicitis. Accordingly, the issue of entitlement to service connection for chronic cervicitis is remanded. 2. Entitlement to service connection for an acquired psychiatric disorder other than posttraumatic stress disorder (PTSD), to include depression, is remanded. The Veteran is seeking service connection for an acquired psychiatric disorder other than PTSD. A review of the Veteran's VA treatment records reveals that the Veteran has separately listed active diagnoses of both major depressive disorder and PTSD throughout the period on appeal. Pursuant to the November 2019 Board remand, the Veteran received a VA examination regarding the Veteran's claimed acquired psychiatric disorder in January 2020. The examiner stated that the Veteran was diagnosed with PTSD with major depressive disorder in 2017, and then was diagnosed with PTSD without a separate diagnosis of major depressive disorder in 2018. The examiner then opined that a separate diagnosis other than PTSD was not warranted "as mild depressive symptoms were incorporated into PTSD diagnosis." However, as noted above, the Veteran's VA treatment records show that the Veteran has active diagnoses of both PTSD and major depressive disorder. Because the January 2020 examiner has not provided an explanation reconciling the above stated opinion with the Veteran's treatment records, the Board finds that remand is warranted to obtain a new examination regarding whether the Veteran has a separately diagnosable acquired psychiatric condition other than PTSD which is etiologically related to active duty service. Accordingly, the matter is remanded. 3. Entitlement to service connection for a bilateral eye disability is remanded. In an April 2021 appellate brief, the Veteran's representative asserted that her claimed bilateral eye disability is etiologically related to her service-connected disabilities, to include service-connected asthma. As the Veteran has not received a VA examination pertaining to her alternative theories of entitlement, the Board finds that remand is warranted to obtain a VA examination to evaluate the Veteran for entitlement to service connection for a bilateral eye disability on both a direct and secondary basis. Accordingly, the matter is remanded. The matters are REMANDED for the following action: Afford the Veteran VA examinations with examiners of appropriate expertise to address the nature and etiology of the Veteran's claimed chronic cervicitis, acquired psychiatric disorder other than PTSD, and bilateral eye disability. The claims folder and this remand must be made available to the examiners for review, and the examination report must reflect that such a review was undertaken. a. Regarding the Veteran's claimed chronic cervicitis, the examiner is directed to identify any diagnosed cervical conditions at any point during the applicable appeal period. For each identified cervical condition, the examiner must state an opinion regarding whether it is at least as likely as not (a 50 percent probability or more) that the Veteran's diagnosed cervical condition is related to her active duty service or to her service-connected disabilities. b. Regarding the Veteran's claimed acquired psychiatric disorder other than PTSD, the examiner is directed to identify any diagnosed psychiatric disorder at any point during the applicable period on appeal. For each identified acquired psychiatric disorder, the examiner must state an opinion regarding whether it is at least as likely as not (a 50 percent probability or more) that the Veteran's diagnosed acquired psychiatric disorder is related to her active duty service or to her service-connected disabilities. c. Regarding the Veteran's claimed bilateral eye disability, the examiner is directed to identify any diagnosed eye disability at any point during the applicable period on appeal. For each identified eye disability, the examiner must state an opinion regarding whether it is at least as likely as not (a 50 percent probability or more) that the Veteran's diagnosed eye disability is related to her active duty service or to her service-connected disabilities. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Gorum, 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.