Citation Nr: 21040151
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 09-23 854
DATE: July 2, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, for accrued benefits purposes is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1975 to September 1983. 

This matter was previously before the Board in August 2015. The Veteran appealed the Board's decision to the United States Court of Appeals for Veterans Claims (Court). In a February 2016 order, the Court remanded the case to the Board for action consistent with a February 2016 Joint Motion for Remand (JMR). The matter was remanded by the Board in January 2017 and is again before the Board.

The Veteran died in January 2019. The appellant has been substituted onto the claim by the AOJ. 

 

1. Entitlement to service connection for an acquired psychiatric disorder, for accrued benefits purposes is remanded.

Pursuant to the JMR, this matter was remanded in January 2017 for the purpose of confirming the Veteran's reported stressor regarding the death of his infant son during service and to obtain a new examination. After confirmation of the reported stressor, the Veteran received a VA mental health examination in March 2018. The examiner diagnosed bipolar disorder and indicated that the Veteran did not meet the diagnostic criteria for PTSD. However, the examiner did not adequately address the previous diagnosis of PTSD noted on the June 2013 examination by Dr. K. The opinion provided states that the prior diagnosis of PTSD was based on reports of combat in Vietnam. This is incorrect, as the examination report by Dr. K. notes experiences as an MP (which have not been verified) as well as the verified event of the Veteran's infant son dying, though it is unclear whether the PTSD diagnosis was based on this stressor. As the March 2018 opinion is based on incorrect factual information, it is inadequate, and a new opinion must be obtained. 

The matter is REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's appropriate psychiatric diagnosis. The clinician must address the June 2013 PTSD diagnosis of record. 

2. After the above development, and any additionally indicated development, has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the appellant's satisfaction, send the appellant and her representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

[SIGNATURE ON NEXT PAGE] 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Creegan

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.