Citation Nr: 18140777 Decision Date: 10/05/18 Archive Date: 10/05/18 DOCKET NO. 16-04 452 DATE: ORDER Service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Service connection for right leg radiculopathy and neuropathy is remanded. Service connection for a back disability is remanded. Service connection for a right hip disability is remanded. Service connection for a right ankle disability is remanded. Service connection for bilateral hearing loss is remanded. Service connection for a nasal deviation is remanded. Service connection for erectile dysfunction is remanded. Service connection for a traumatic brain injury is remanded. Service connection for an acquired psychiatric disorder other than PTSD is remanded. An initial rating higher than 10 percent for GERD is remanded. FINDING OF FACT A VA psychiatrist has attributed PTSD to credible in-service stressors. CONCLUSION OF LAW The criteria for service connection for PTSD are met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.304(f). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the U.S. Army from August 1997 to January 1998 and from November 2004 to December 2005. This matter comes before the Board of Veterans Appeals (Board) on appeal from July 2014 and January 2015 rating decisions. Service connection for PTSD As discussed in the Reasons for Remand section below, the Veteran had requested a decision review officer (DRO) hearing as part of his appeal. However, for the following reasons, the Board finds that service connection for PTSD can be granted immediately. The requirements for establishing entitlement to service connection for PTSD in 38 C.F.R. § 3.304(f) that are similar, but nonetheless separate, from those for establishing entitlement to service connection generally. Arzio v. Shinseki, 602 F.3d 1343, 1347 (Fed. Cir. 2010). Entitlement to service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) credible supporting evidence that a claimed in-service stressor occurred; and (3) a link, established by medical evidence, between current symptoms and the in-service stressor. 38 C.F.R. §§ 3.304(f) and 4.125. The requirement for corroborating that the claimed in-service stressor occurred is eliminated if a claimed stressor is related to a Veteran’s fear of hostile military or terrorist activity, and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that the Veteran’s symptoms are related to the claimed stressor. The claimed stressor must still be consistent with the places, types, and circumstances of the Veteran’s service, and without clear and convincing evidence to the contrary. 38 C.F.R. §§ 3.304(f)(3). The Veteran submitted a statement describing his in-service stressors. He described mortar, rocket and improvised explosive device attacks which resulted in the death of a fellow soldier. He also investigated a helicopter crash and saw wreckage and dead bodies. Notably, the Veteran’s Form DD-214 shows he served as a medic in service, served in an imminent danger pay area, and received the Combat Action Badge. His stressors are therefore consistent with the circumstances of his service and considered credible. In a June 2018 disability benefits questionnaire, a VA psychiatrist diagnosed the Veteran with chronic PTSD associated with his exposure to traumatic war events. Collectively, the evidence establishes that the Veteran has current PTSD associated with his credible in-service stressors, and service connection for PTSD is warranted. REASONS FOR REMAND 1. Service connection for right leg radiculopathy and neuropathy is remanded. This claim was denied in the January 2015 rating decision on appeal and included in the Veteran’s February 2015 notice of disagreement. However, it was not included in the December 2015 statement of the case. A remand is required for the Agency of Original Jurisdiction (AOJ) to issue a statement of the case. 38 C.F.R. § 20.200; Manlincon v. West, 12 Vet. App. 238, 240-41 (1999). 2. Service connection for a back disability is remanded. 3. Service connection for a right hip disability is remanded. 4. Service connection for a right ankle disability is remanded. 5. Service connection for bilateral hearing loss is remanded. 6. Service connection for a nasal deviation is remanded. 7. Service connection for erectile dysfunction is remanded. 8. Service connection for a traumatic brain injury is remanded. 9. Service connection for an acquired psychiatric disorder other than PTSD is remanded. 10. An initial rating higher than 10 percent for GERD is remanded. For these remaining issues, the Veteran requested a Decision Review Officer (DRO) hearing as part of his January 2016 substantive appeal. VA sent a letter to the Veteran in April 2018 notifying him that his hearing was scheduled for later that month. However, the record shows that he failed to appear. In May 2018, his representative stated that he did not receive this letter and that he would like to reschedule the hearing. The matters are REMANDED for the following action: 1. Send the Veteran and his representative a statement of the case that addresses the issue of service connection for right leg radiculopathy and neuropathy. If the Veteran perfects an appeal by submitting a timely VA Form 9, the issue should be returned to the Board for further appellate consideration. 2. Schedule the Veteran for a DRO hearing at the earliest opportunity. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Shamil Patel, Counsel