Citation Nr: 21040036 Decision Date: 07/02/21 Archive Date: 07/02/21 DOCKET NO. 13-23 126 DATE: July 2, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder (other than posttraumatic stress disorder (PTSD)), to include bipolar disorder (previously claimed as cyclothymic disorder), to include as secondary to service-connected PTSD, is remanded. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1965 to January 1968. This case comes before the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO)in Denver, Colorado. These matters were previously before the Board in July 2017 and March 2019 and were remanded for further development. In October 2020, the case returned to the Board. The Board found that there was not substantial compliance with the Board's March 2019 remand directives. Accordingly, the Board remanded the Veteran's psychiatric claim be returned to the July 2016 VA examiner for an addendum opinion. Lastly, the Board remanded the Veteran's claim for TDIU because it was inextricably intertwined with the Veteran's claim on appeal. In April 2021, the case returned to the Board. The Board found that the RO did not substantially comply with the Board's October 2020 remand instructions. The Board reached this conclusion because the February 2021 VA examiner's opinion did not address whether the Veteran's personality disorder caused or aggravated a superimposed psychiatric disability other than PTSD. Accordingly, the Board remanded the Veteran's psychiatric claim in order for a VA examiner to specifically address this theory of entitlement. Lastly, the Board remanded the Veteran's claim for TDIU because it was inextricably intertwined with the Veteran's claim on appeal. 1. Entitlement to service connection for an acquired psychiatric disorder (other than posttraumatic stress disorder (PTSD)), to include bipolar disorder (previously claimed as cyclothymic disorder), to include as secondary to service-connected PTSD, is remanded. The Board acknowledges that the RO attempted to schedule an additional VA psychiatric examination, but that the Veteran reported that he was out of town and was unable to attend. Nevertheless, the Board finds that there was not substantial compliance with the Board's April 2021 remand directives because the question with respect to whether the Veteran's personality disorder caused or aggravated a superimposed psychiatric disability other than PTSD was not addressed by a VA examiner. Therefore, the Board finds that the matter must be remanded once again for compliance with the previous order/completion of the actions sought. Stegall v. West, 11 Vet. App. 268 (1998) (holding that where the remand orders of the Board are not satisfied the Board itself errs in failing to ensure compliance). 2. Entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded. As development of the Veteran's disability claim before the Board may have an impact on the Veteran's TDIU claim, the Board finds these issues to be inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180 (1991). Accordingly, the Board will defer adjudication of the inextricably intertwined TDIU claim at this time The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records from April 29, 2020, to the present. 2. Obtain an addendum opinion from the February 2021 VA examiner. If the examiner feels that an in-person examination is necessary, then the RO should do so. If the Veteran is unable or unwilling to attend an additional examination, then the examiner should provide an addendum opinion based on the evidence of record. After a complete review of the record, the examiner must address the following: (A). Please identify all of the Veteran's psychiatric disorders other than PTSD. (B). Opine whether it is at least as likely as not that any current psychiatric disability (other than the already service-connected PTSD) was superimposed on top of the Veteran's diagnosed personality disorder while in service. Note: VA may not grant service connection for a personality disorder but may grant service connection when another mental disorder is "superimposed" upon a personality disorder. Superimposed is not defined in the regulations, but a common definition is that one thing is placed over another, typically so that both are still evident. In providing all of the requested opinions, the examiner should consider the Veteran's competent lay claims regarding the observable symptoms he has experienced. The VA examination report must include a complete rationale for all opinions expressed. Michael J. Skaltsounis Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Rescan, 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.