Citation Nr: 21041476 Decision Date: 07/09/21 Archive Date: 07/09/21 DOCKET NO. 16-27 453A DATE: July 9, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder, generalized anxiety disorder, psychosis not otherwise specified (NOS), and mood disorder (hereafter psychiatric disorder), is remanded. REASONS FOR REMAND The Veteran served in the U.S. Marine Corps from July 1974 to September 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In July 2020, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ); a transcript is of record. The Board denied this claim in August 2011. The evidence submitted since the August 2011 Board decision is new and material; thus, the Board granted the petition to reopen in December 2020. The Board remanded this claim in December 2020 to the agency of original jurisdiction (AOJ) for further development. While the Board regrets the additional delay, a remand is necessary to ensure that the Veteran is afforded due process. Entitlement to service connection for psychiatric disorder. The Veteran contends that his current psychiatric disorder is related to his active military service. For the reasons that follow, the Board finds that an addendum VA opinion is needed prior to adjudication. In this regard, pursuant to December 2020 Board's remand directives, the Veteran underwent a VA examination for his psychiatric disorder in February 2021. The examiner opined that the claimed condition was less likely than not incurred in or caused by the claimed in-service injury, event, or illness. The examiner based this opinion on the fact that there are no medical or military records to support the Veteran's claimed in-service stressors. However, the examiner noted that it cannot be determined with certainty that the Veteran's PTSD is more likely attributed to an in-service stressor, rather than pre-service trauma. The examiner also added that pre-existing family abuse, insubordination and difficulty adjusting to rules and demands of basic military training, discharge from the military, and polysubstance abuse likely than not contributed to the current diagnosis of PTSD. In light of the foregoing, the Board finds that it is unclear whether the Veteran's PTSD is associated with pre-military trauma, whether the disorder was not aggravated by service, or if the disorder did not preexist service, whether it was incurred in service. As such, remand is necessary for clarification. The Board also notes that the examiner's rationale indicates that the Veteran's current diagnosis of PTSD may have preexisted his active service. Accordingly, a remand is needed in order to obtain a new opinion to determine whether the Veteran's condition clearly and unmistakably preexisted service and if so, whether it was clearly and unmistakably not aggravated during service. See Wagner v. Principi, 370 F.3d 1089 (Fed. Cir. 2004). In addition, the evidence of record includes a prior diagnosis of a major depressive disorder, mood disorder and an anxiety disorder. However, the February 2021 VA examiner indicated that the Veteran's "PTSD can account for a history of anxiety, thought distortions, and social avoidance." Clarification in this regard is also needed. This matter is REMANDED for the following action: 1. Obtain an addendum opinion regarding the following: (a) Is there clear and unmistakable evidence establishing that the Veteran's PTSD preexisted service? (b) If the Veteran's PTSD preexisted service, is there clear and unmistakable evidence that there was no increase in disability during service or that any increase in disability was due to the natural progress of the preexisting disorder? (c) If the PTSD did not clearly and unmistakably preexist service, is it at least as likely as not (50 percent or greater probability) that the Veteran's PTSD had its onset in, or is otherwise related to, active service? (d) Also, the examiner should identify any other psychiatric disorder present, to include major depressive disorder and anxiety. (e) For each identified psychiatric disorder, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's psychiatric disorder, to include major depressive disorder and anxiety had its onset in, or is otherwise related to, active service? If the examiner finds that the Veteran's depression, anxiety, or any other psychiatric disorder is part of the Veteran's PTSD, the examiner should state so. The examiner must provide a complete rationale for his or her opinion(s) in the examination addendum report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Kuzniar, 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.