Citation Nr: 22017387 Decision Date: 03/24/22 Archive Date: 03/24/22 DOCKET NO. 15-41 810 DATE: March 24, 2022 REMANDED Service connection for a psychiatric disorder, to include as an undiagnosed illness or other qualifying, chronic disability pursuant to the provisions of 38 U.S.C. § 1117 is remanded. REASONS FOR REMAND The Veteran served on active duty from August 2001 to August 2005. He is a recipient of the Combat Infantryman Badge coincident with his service in Iraq in support of Operation Iraqi Freedom. The case is on appeal from a November 2012 rating decision. Previously in a June 2021 decision, the Board denied the claim of service connection for a psychiatric disorder. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In January 2022, the Court granted the parties' Joint Motion for Partial Remand (JMPR) which vacated the Board's denial of the claim of service connection for a psychiatric disorder and remanded the claim to the Board. In January 2022, the Board notified the Veteran that his claim had returned to the Board and that he had 90 days to submit evidence and/or argument in support of the claim. In February 2022, the Veteran waived the 90-day period to submit evidence and argument. Thus, the Board can proceed with further adjudication of the claim at this time. This appeal has been advanced on the Board's docket. 38 U.S.C. § 7107(a)(2). Service connection for a psychiatric disorder, to include as an undiagnosed illness or other qualifying, chronic disability pursuant to the provisions of 38 U.S.C. § 1117. A remand is necessary to obtain a new medical opinion as to the etiology of the Veteran's psychiatric disorders. Whether to conduct a new examination is left to the discretion of the examiner. In conjunction with the current claim, the Veteran was afforded VA examinations of his psychiatric disorders in August 2019 and February 2021. In September 2020, the Board found that the August 2019 VA examination was inadequate because the August 2019 VA examination found there was no currently diagnosed psychiatric disorder but failed to address impression of occupational problem from August 2012 and anxiety disorder not otherwise specified from March 2013. An April 2014 VA treatment record includes a notation of rule out anxiety disorder. A more recent problems list from February 2019 notes anxiety and a September 2020 VA treatment record notes that the Veteran was experiencing moderately severe anxiety. In May 2020, there is a diagnostic impression of generalized anxiety disorder, unspecified trauma-related disorder, and rule out impulse control disorder. There is also a notation of a diagnosis of adjustment disorder dated October 2020. Pursuant to the Court's order granting the JMPR, the Board must ensure that all prior diagnoses of a mental disorder are addressed in assessing whether service connection is warranted. To aid the Board in this task, a remand to obtain a new medical opinion is required. Colvin v. Derwinski, 1 Vet. App. 171, 175 (1991). The matter is REMANDED for the following action: Obtain a new medical opinion to determine the etiology of the Veteran's psychological disorders. Whether to conduct an examination is left to the discretion of the examiner. Specifically, the examiner should: (A) Note all currently diagnosed disorders in accordance with the official diagnostic criteria of the Diagnostic and Statistical Manual of Mental Disorders (DSM). Please note the August 2012 impression of occupational problem; the March 2013 diagnosis of anxiety disorder not otherwise specified; the April 2014 notation of rule out anxiety disorder; a February 2019 VA treatment record noting anxiety; a May 2020 diagnosis of generalized anxiety disorder, unspecified trauma-related disorder, and rule out impulse control disorder; a September 2020 VA treatment record noting moderately severe anxiety; and an October 2020 diagnosis of adjustment disorder. (B) For each diagnosed disorder, opine as to whether the disorder is at least as likely as not related to service. (C) If there are no diagnosed psychiatric disorders as defined by the DSM present during the claims period, then the examiner should provide an opinion as to whether the Veteran has objective indications, as established by history and examination, of an undiagnosed illness or a medically unexplained chronic multi-symptom illness, manifested by neuropsychological signs or symptoms that has existed for six months or more or exhibited intermittent episodes of improvement and worsening over a six-month period. A "medically unexplained chronic multi-symptom illness" is defined as a diagnosed illness without conclusive pathophysiology or etiology that is characterized by overlapping symptoms and signs and has features such as fatigue, pain, disability out of proportion to physical findings, and inconsistent demonstration of laboratory abnormalities. A complete rationale for all opinions must be provided. C. CRAWFORD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. George 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.