Citation Nr: 21040355
Decision Date: 07/03/21	Archive Date: 07/03/21

DOCKET NO. 17-41 442
DATE: July 3, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder, to include as secondary to a service-connected disability, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 16, 1971 to September 20, 1974. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. 

In May 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file.

In June 2020, the Board remanded the above issue for further development. As detailed below, a remand is again required.

Per the Board's prior remand, medical opinions regarding the etiology of the Veteran's claimed psychiatric disorder were obtained in September 2020 and October 2020, on direct and secondary service connection, respectively. However, the October 2020 opinion did not address aggravation. Accordingly, an addendum opinion is required.

The matter is REMANDED for the following action:

1. Obtain updated VA treatment records.

2. Obtain a VA medical opinion regarding the Veteran's acquired psychiatric disorder from an appropriate medical professional. The reviewer should review the Veteran's claims file. If the reviewer determines that an opinion cannot be provided without an examination, the Veteran should be scheduled for one. Based on a review of the record, and a new examination if necessary, the reviewer must address the following:

Whether it is at least as likely as not that the Veteran's acquired psychiatric disorder was aggravated by his service-connected disabilities, including but not limited to: bilateral hearing loss, tinnitus, left toe amputation, left foot arthritis, left hip disorder, lumbar spine disorder, left lower extremity radiculopathy and a left knee disorder?

For the purposes of secondary service connection, the reviewer is advised that aggravation is defined as "any increase in disability." Allen v. Brown, 7 Vet. App. 439, 448 (1995).

The examiner is advised that the Veteran is competent to report his medical history including symptoms and treatment, and that his reports must be considered, along with the other evidence of record in formulating the requested opinions.

A complete rationale must be provided for all opinions presented.

If the medical professional cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation for why an opinion cannot be rendered. In so doing, the medical professional shall explain whether the inability to provide a more definitive opinion is the result of a need for additional information, or that he or she has exhausted the limits of current medical knowledge in providing an answer to that particular question(s).

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.Z., 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.