Citation Nr: 1306176 Decision Date: 02/22/13 Archive Date: 02/27/13 DOCKET NO. 09-49 240 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Adjutant General's Office, York County Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD T. Azizi-Barcelo, Counsel INTRODUCTION The Veteran had active service from June 1961 to March 1964. This matter came before the Board of Veterans' Appeals (Board) on appeal from a May 2009 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In November 2012 the Veteran testified at a Central Office Board hearing before the undersigned Veterans Law Judge. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, D.C. VA will notify the appellant if further action is required. REMAND The Veteran contends that he has PTSD due to sexual trauma in service. In statements and at hearing, the Veteran specifically reported that while stationed at the Brooklyn Navy Yards during service, he was sexually abused by an officer who used his position to compel the incidents. Relevant post service medical records begin in approximately 2001. They reflect a number of psychiatric diagnoses including PTSD. Not all of these records, however, identify the stressor causing PTSD, and one (Memorial Hospital Discharge Summary) identifies more than the in-service assault, including childhood sexual abuse by neighborhood boys. In addition, it appears that not all the relevant post service treatment records have been sought. In this regard, the Veteran indicated he received some psychiatric treatment at VA facilities, the records of which have not been obtained. Also, in records that have been obtained, there is reference to another treatment provider who reportedly diagnosed the Veteran to have PTSD. That person's records should be sought. Further, one treatment provider only submitted a letter, rather than his actual records. The records of his treatment should be sought. Lastly, it appears the Veteran is in receipt of Social Security Administration (SSA) disability benefits, based at least in part on his psychiatric illness. The SSA records should be obtained. In addition to obtaining the foregoing records, because of the multiple diagnoses, and the presence of pre-service stressors, the Veteran also should be afforded a VA examination to assist in determining whether any of the Veteran's current psychiatric disorders are related to service. Accordingly, the case is REMANDED for the following action: 1. Obtain from the SSA and associate with the claims file a copy of any decision(s) issued regarding the Veteran's claim for Social Security disability benefits and the records, including medical records relied upon in that decision. 2. Obtain copies of the records of the Veteran's psychiatric treatment from the Lebanon, VA Medical Center dated since 2000. 3. With any necessary assistance from the Veteran, attempt to obtain copies of the Veteran's psychiatric treatment records from the following: a) Luis Rivera-Tovar, PhD b) Joseph Buzogany, MD c) Douglas N. Chen, MD 4. After the preceding development has been accomplished to the extent possible, schedule the Veteran for a VA psychiatric examination to ascertain the nature and etiology of any current psychiatric disability. The examiner should review the claims folder and that review should be noted in the report. The examiner should include a complete rationale for each opinion expressed. Specifically the examiner should: (a) set forth the diagnoses of all current psychiatric disorders, and for each acquired psychiatric disorder diagnosed, the examiner should express an opinion as to whether it is at least as likely as not that it initially manifested in service, or if PTSD is diagnosed, whether it was caused by an in-service sexual assault as the Veteran has described. (b) If PTSD is diagnosed, the examiner should discuss the significance of any pre-service sexual abuse, or post service trauma as the record may reveal, in relationship to the cause of it. (c) In the event the examiner concludes that a pre-service trauma caused the Veteran to develop PTSD, the role of any in-service trauma in the current presentation of the disorder should be described. 5. Then, readjudicate the claim. If the decision remains adverse to the Veteran, issue a supplemental statement of the case. Allow the appropriate time for response, after which the case should be returned to the Board. The appellant has the right to submit additional evidence and argument on the matter 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). _________________________________________________ MICHAEL E. KILCOYNE 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).