Citation Nr: 18140513 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 16-20 153 DATE: October 3, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, claimed as posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1970 to December 1971. Concerning the Veteran’s claim for service connection for an acquired psychiatric disorder, claimed as PTSD and diagnosed as PTSD, anxiety, and depression, in Clemons v. Shinseki, the United States Court of Appeals for Veterans Claims (Court) noted the Board should consider alternative current disorders within the scope of the filed claim. Clemons, 23 Vet. App. 1 (2009). The Board has preliminarily reviewed the case at hand and finds that Clemons is applicable here. The RO has separately denied, and the claim has been certified to the Board as, a claim for PTSD. In light of Clemons, the Board has framed the issue as entitlement to service connection for an acquired psychiatric disorder, claimed as PTSD, as reflected on the title page. The Board acknowledges that the Veteran has additional pending claims. However, the Veteran has requested a hearing on those claims. A hearing has not yet been held, and therefore, the Board will only address the Veteran’s claim for entitlement to service connection for an acquired psychiatric disorder. Regrettably, a remand is necessary. The Veteran has not been provided a VA psychiatric examination. The Veteran’s post-service treatment records indicate the Veteran has been diagnosed with PTSD by VA treatment providers. The Veteran’s VA treatment records also occasionally note a diagnosis of depression and anxiety. The Board also notes that other possible causes of the Veteran’s diagnosis are noted by VA treatment providers, including family stress, financial stress, and employment stress associated with the Veteran’s other nonservice-connected medical history. The Veteran contends that he was sexually assaulted and physically and verbally abused and harassed by fellow service members after he admitted drug use aboard the USS Pyro and provided testimony of other service-members who were also using drugs. The Veteran’s service treatment records (STRs) do not indicate a diagnosis of or treatment for a psychiatric disability in service, nor do they indicate the Veteran reported any assault, abuse, or harassment in service. The Veteran does not report that he told anyone about these incidents prior to his discharge. However, the Veteran’s personnel records do indicate that he reported drug use for six to seven months while serving aboard the USS Pyro. The Board finds the Veteran has presented a potentially valid stressor that was never fully developed by the RO, and the Veteran has a current diagnosis of PTSD and other psychiatric disabilities. However, other stressors were presented that could be the cause of the Veteran’s psychiatric disabilities. As such, an examination is warranted to determine the likely etiology of the Veteran’s current psychiatric disability. The matter is REMANDED for the following action: 1. Send the Veteran notice required for PTSD claims based on personal assaults, and allow time for a response. Then, attempt to corroborate the Veteran’s in-service stressor based on personal assault, including verbal and physical abuse and harassment and sexual assault. If more details are needed, contact the Veteran to request the information. 2. After the Veteran’s reported stressors have been developed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any psychiatric diagnosis, including PTSD. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. The examiner must opine whether the evidence of record, including the Veteran’s lay statements and the Veteran’s service records, corroborate the claim that a personal assault occurred in service. If the examiner finds that evidence indicates that a personal assault occurred during the Veteran’s active service, the examiner must opine whether any PTSD is at least as likely as not related to the in-service personal assault. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include the Veteran’s reported verbal and physical abuse and harassment in service and reported sexual assault in service. In providing the above-noted opinions, the examiner is also asked to comment on the Veteran’s other reported stressors in his VA treatment records, including family stress, financial stress, and employment stress associated with the Veteran’s other nonservice-connected medical history. A. P. SIMPSON Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Keninger, Associate Counsel