Citation Nr: 18145120
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 15-36 519
DATE:	October 26, 2018

REMANDED
Entitlement to service connection for posttraumatic stress disorder (PTSD).
REMANDED ISSUE
The Veteran honorably served in the United States Marine Corps from February 1976 to February 1979.
The Veteran has filed a Notice of Disagreement (NOD) on another claim which is still being reviewed by the Regional Office (RO); consequently, it will not be adjudicated in this decision. 
The Veteran’s claim has a lengthy procedural history. The Board considers the Veteran’s November 2008 statement to be an NOD. Therefore, the Veteran’s claim has been open since it was filed in June 2007. Accordingly, a new and material evidence analysis is unnecessary because there is no prior final denial of the claim listed above. 
Effective August 4, 2014, VA amended the regulations regarding the evaluation of mental disorders by removing outdated references to DSM-IV, and replacing them with references to the recently updated “DSM-5.” It was specifically noted that the Secretary did not intend for the provisions to apply to claims that were pending before the Board (i.e., certified for appeal to the Board) on or before August 4, 2014, even if such claims are subsequently remanded to the agency of original jurisdiction. See 80 Fed. Reg. 14308 (March 19, 2015).  As the instant appeal was first certified to the Board in January 2016, the DSM-5 is applicable.
The matter is REMANDED for the following action:
Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD).  If the Veteran is diagnosed with PTSD using the DSM-5, the examiner should 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 should 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 (38 C.F.R. § 3.304(f)(5)).  If the examiner finds that evidence indicates that a personal assault occurred during the Veteran’s active service, the examiner should opine whether any PTSD is at least as likely as not related to the in-service personal assault.  
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If any other acquired psychiatric disorders are diagnosed, the examiner should opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include in-service personal assault.
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. N. Fournier, Law Clerk