Citation Nr: 21040167
Decision Date: 07/02/21	Archive Date: 07/02/21

DOCKET NO. 16-64 004
DATE: July 2, 2021

REMANDED

Entitlement to service connection for neurobehavioral effects resulting in depression, fatigue, poor concentration, memory loss and insomnia, to include as due to an undiagnosed illness and/or due to contaminated water at Camp Lejeune, is remanded.

REASONS FOR REMAND

The Veteran served from July 1980 to December 1980 and from November 1988 to August 1994.   Service for the period of August 25, 1994 to April 10, 1998 was administratively determined by the Department of Veterans Affairs (VA) in August 2000 to be subject to a Bad Conduct Discharge, which is a bar to VA compensation benefits based on that period of service.  See 38 C.F.R.§ 3.12(a).

1. Entitlement to service connection for neurobehavioral effects resulting in depression, fatigue, poor concentration, memory loss and insomnia, to include as due to an undiagnosed illness and/or due to contaminated water at Camp Lejeune is remanded.

Regretfully, the Board must remand this issue for further development.

The Board remanded this issue in November 2018 for a new VA examination. The remand requested a new opinion regarding whether the Veteran's neurobehavioral effects were related to service. The remand requested for the VA examiner to opine also whether the Veteran's neurobehavioral effects were at least as likely as not related to contaminants in the water during the Veteran's service at Camp Lejeune. 

However, there was a third directive included within the remand. The Board requested that "[t]he examiner must opine as to whether it is at least as likely as not indicative of undiagnosed illness or chronic multi-symptom illness of the type contemplated by 38 U.S.C. § 1117 and 38 C.F.R. § 3.317. Alternatively, they should specifically indicate whether these symptoms, instead, are attributable to known clinical diagnoses."

The Board concludes that the May 2019 VA examination failed to comply with the third directive. The May 2019 examination files neither include a "Gulf War" examination, nor do the examination files discuss the possibility of an undiagnosed illness or chronic multi-symptom illness of the type contemplated by 38 U.S.C. § 1117 and 38 C.F.R. § 3.317.

As such, the Board finds that the November 2018 Remand directives were not complied with. Stegall v. West, 11 Vet. App. 268, 271 (1998). Remand is necessary.

The matters are REMANDED for the following action:

1. Return the claims file to an examiner of appropriate expertise to issue an addendum medical opinion regarding the etiology of the Veteran's neurobehavioral effects. Based on a review of the record, the examiner should:

(a.) Opine as to whether it is at least as likely as not indicative of undiagnosed illness or chronic multi-symptom illness of the type contemplated by 38 U.S.C. § 1117 and 38 C.F.R. § 3.317. Alternatively, they should specifically indicate whether these symptoms, instead, are attributable to known clinical diagnoses.

A complete rationale for any opinion expressed should be provided in a report.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jonah Nelson, 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.