Citation Nr: 1237999 Decision Date: 11/06/12 Archive Date: 11/16/12 DOCKET NO. 09-18 759A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to service connection for acquired psychiatric disability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD K. Curameng, Counsel INTRODUCTION The Veteran had active duty service from September 1965 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2008 rating decision by a Regional Office (RO) of the Department of Veterans Affairs (VA). The Veteran testified at a December 2010 hearing before the Board at the RO. This matter was remanded in March 2011 for further development. Although the appeal also originally included the issue of service connection for right ear hearing loss, this benefit was granted by rating decision in April 2012 and is therefore no longer in appellate status. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND Upon further review of the record, the Board believes that VA examination and opinion are required to fully assist the Veteran with his claim. On a statement received in June 2008, the Veteran reported that when he warned recruits at basic training in 1965 of their commanding officer's (CO) arrival, the CO reportedly overheard the Veteran's announcement and struck him in the face and stomach. The Veteran stated that the CO then started calling him names, including "alarm clock." The CO reportedly made the Veteran stand in a trash can and placed a wash bucket over his head after striking the Veteran a few more times. The Veteran stated that he had to stand the remainder of his watch in a trash can at attention while fellow recruits hit the wash bucket with a broom calling him "alarm clock." In support of his claim, a statement from a fellow service member regarding the incident was received in December 2010. In disability compensation (service connection) claims, VA must provide a medical examination when there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for the VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Evidence in this case includes medical evidence of psychiatric disorders, variously diagnosed, and the Veteran's statements and testimony regarding the claimed incident together with a supporting statement from one claiming to be a witness to the event. The Board believes that the low threshold of McLendon has been met and that an examination with opinion is now necessary. Accordingly, the case is REMANDED for the following action: 1. Any recent VA medical treatment records pertinent to psychiatric disorders should be associated with the claims file. 2. After completion of the above, the RO should schuedule the Veteran for a VA psychiatric examination. It is imperative that the claims file be made available and reviewed by the examiner. Any necessary tests should be accomplished. All current psychiatric disorders should be clearly reported, and the examiner should expressly report whether a diagnosis of PTSD is warranted. a) If a diagnosis of PTSD is rendered, the examiner should then indicate whether it is causally related to the claimed inservice incident. b) As to any psychiatric disorder(s) other than PTSD which is diagnosed, the examiner should offer an opinion as to whether it is at least as likely as not (a 50% or higher degree of probability) that such disorder(s) was manifested during service, within one year of discharge from service, or is otherwise related to any incident of service. The examiner should furnish detailed reasons for the opinions. 3. After completion of the above, the RO should review the expanded record and determine if service connection is warranted for acquired psychiatric disability. If the benefit remains denied, the Veteran and his representative should be furnished a supplemental statement of the case and be afforded an opportunity to respond. The case should then be returned to the Board for appellate review. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2012). _________________________________________________ ALAN S. PEEVY Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2012).