Citation Nr: 22018588 Decision Date: 03/29/22 Archive Date: 03/29/22 DOCKET NO. 15-44 560 DATE: March 29, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), and to include as secondary to the service-connected disabilities, is remanded. Entitlement to a compensable disability rating for early bilateral eye cataracts is remanded. REASONS FOR REMAND The Veteran served on active military service from June 1970 to June 1972. These issues are on appeal from an August 2013 rating decision. In July 2020, the Board of Veterans' Appeals (Board) remanded these claims for further development. Upon remand, service connection for bilateral hearing loss and tinnitus was granted in the December 2021 rating decision. These issues are no longer on appeal before the Board. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, and to include as secondary to the service-connected disabilities, is remanded. Unfortunately, there has not been substantial compliance with the Board's previous remand directives regarding the acquired psychiatric disorder issue. In July 2020, the Board remanded this claim, in pertinent part, for a VA medical opinion. Specifically, the Board asked the VA examiner to opine whether the Veteran's current acquired psychiatric disorder was caused or aggravated by a service-connected disability. 38 C.F.R. § 3.310. A specific service-connected disability was not listed; instead, the Board characterized the remand directive broadly to account for all of the Veteran's service-connected disabilities. Upon remand, the Veteran was granted service connection for bilateral hearing loss and tinnitus. At the November 2021 VA psychiatric examination, the Veteran was diagnosed with major depressive disorder. To date, a secondary service connection opinion has not been provided regarding the service-connected bilateral hearing loss and tinnitus and the currently diagnosed major depressive disorder. Another remand is required for a VA medical opinion to be obtained. Stegall v. West, 11 Vet. App. 268, 271 (1998). 2. Entitlement to a compensable disability rating for early bilateral eye cataracts is remanded. The Board cannot make a fully informed decision on the cataracts issue because no VA examiner has opined whether the Veteran's currently diagnosed dry eye syndrome, corneal scars, keratitis, and status post radial keratotomy are proximately due to or aggravated by his service-connected bilateral cataracts. At the VA examinations dated during the appeal period, the Veteran has been diagnosed with these eye disorders. Thus, upon remand, a VA medical opinion must be obtained regarding the etiology of these current disorders. The matters are REMANDED for the following actions: 1. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's currently diagnosed major depressive disorder. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Is the major depressive disorder at least as likely as not proximately due to the service-connected bilateral hearing loss? (b) Is the major depressive disorder at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected bilateral hearing loss? (c) Is the major depressive disorder at least as likely as not proximately due to the service-connected tinnitus? (d) Is the major depressive disorder at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected tinnitus? Provide a rationale to support the opinions. 2. Obtain an addendum opinion from an appropriate clinician regarding the Veteran's current eye diagnoses. The examiner must review the claims file. The examiner is asked to provide a response to the following: (a) Is the dry eye syndrome at least as likely as not proximately due to the service-connected bilateral cataracts? (b) Is the dry eye syndrome at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected cataracts? (c) Are the corneal scars at least as likely as not proximately due to the service-connected bilateral cataracts? (d) Are the corneal scars at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected cataracts? (e) Is the keratitis at least as likely as not proximately due to the service-connected bilateral cataracts? (f) Is the keratitis at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected cataracts? (g) Is the status post radial keratotomy at least as likely as not proximately due to the service-connected bilateral cataracts? (h) Is the status post radial keratotomy at least as likely as not aggravated, i.e., worsened beyond its natural progression, by the service-connected cataracts? Provide a rationale to support the opinions. 3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal. If the benefits sought are not granted to the Veteran's satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. M. Watkins, 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.