Citation Nr: 22016131
Decision Date: 03/21/22	Archive Date: 03/21/22

DOCKET NO. 18-08 712
DATE: March 21, 2022

REMANDED

Entitlement to service connection for depression, to include as secondary to the service-connected disabilities, is remanded.

REASONS FOR REMAND

Entitlement to service connection for depression, to include as secondary to the service-connected disabilities, is remanded.

The Veteran asserts that major depression disorder was caused or aggravated by service-connected sarcoidosis.  At the October 2021 Board hearing, the Veteran testified that the prescribed medication and treatment for sarcoidosis has caused or aggravated the claimed disability.  In a March 2016 VA examination, the examiner concluded that the Veteran did not have a diagnosis of depression.  Therefore, a May 2016 rating decision of denied the claim for lack of a diagnosed disability.  Subsequent VA medical records dated in 2018 show that the Veteran has a diagnosis of recurrent major depression in partial remission.  Therefore, a VA examination is necessary to obtain an opinion on the claimed disability and whether it has been caused or aggravated by the service-connected disabilities.

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination, with a psychiatrist or psychologist who has not previously examined the Veteran in conjunction with this claim, to determine the etiology of any diagnosed psychiatric disability.  The examiner should review the claims file and note that review in the report.  All indicated tests should be conducted.  The examiner should reconcile any diagnosis with the other diagnoses of record.  The examiner should provide a rationale for all opinions.  

(a.) Diagnose all psychiatric disabilities found or shown during the pendency of the claim and reconcile that diagnosis with the other evidence of record.  Specifically state whether a diagnosis of depression has been warranted at any time during or contemporary to the pendency of the claim.

(b.) Opine whether it is at least as likely as not (50 percent probability or greater) any diagnosed psychiatric disability, to specifically include depression, is related to active service or any event, injury, or disease during service.  

(c.) Opine whether it is at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric disability, to specifically include depression, was caused by or is due to or the result of the service-connected disabilities or treatment or medication for the service-connected disabilities, to specifically include sarcoidosis.  

(d.) Opine whether it is at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric disability, to specifically include depression, has been aggravated (increased in severity beyond the natural progress of the disorder) by the service-connected disabilities or treatment or medication for the service-connected disabilities, to specifically include sarcoidosis.  

(e.) The examiner should discuss the matter thoroughly and provide a rationale for the opinions.  If the examiner determines that a psychiatric disability is not the result of active service or caused or aggravated by the service-connected disabilities, to include sarcoidosis, but can be attributed to some other cause, the examiner should so state, taking into account the Veteran's full post-service work and medical history.  The examiner should address the Veteran's contentions.

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. Cross, 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.