Citation Nr: 18145557
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 16-37 647
DATE:	October 29, 2018
REMANDED
Entitlement to service connection for left knee condition is remanded.
Entitlement to service connection for lung condition is remanded.
Entitlement to service connection for chest injury is remanded.
Entitlement to service connection for gastroesophageal reflux disease (GERD) is remanded.
Entitlement to service connection for migraine headaches is remanded.
Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depression, and anxiety, is remanded.
REASONS FOR REMAND
The Veteran served in the United States Army from February 1991 to September 1993.
1. Service connection for left knee condition is remanded.
2. Service connection for lung condition is remanded.
3. Service connection for chest injury is remanded.
4. Service connection for GERD is remanded.
5. Service connection for migraine headaches is remanded.
The Veteran contends there are records missing from his claims file. A review of the claims file shows there appears to be outstanding personnel and treatment records that could assist the Veteran in his claims. 
6. Service connection for acquired psychiatric disorder, to include PTSD, depression, and anxiety, is remanded. 
The Veteran’s claim was developed and adjudicated as separate service connection claims for PTSD and anxiety. In Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009), the United States Court of Appeals for Veterans Claims (Court) held that the scope of a mental health disability claim includes any mental disorder that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and other information of record. In light of Clemons, the issue has been recharacterized to encompass all psychiatric diagnoses.
The claims file indicates the Veteran’s acquired psychiatric disorder may be due to his duties as a medical specialist in service. See September 2011 private treatment record and November 2011 VA treatment record. The Board finds a psychiatric examination is warranted to determine the nature and etiology of the Veteran’s psychiatric disorder. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006); see also 38 C.F.R. § 3.159(c)(4).
The matters are REMANDED for the following action:
1. Obtain the Veteran’s complete service personnel records.
2. Obtain the Veteran’s VA treatment records from September 2013 to the present.
3. Ask the Veteran to complete a VA Form 21-4142 for The Holiner Psychiatric Group in Dallas, Texas. See  November 2011 VA treatment visit. Make two requests for the authorized records, unless it is clear that a second request would be futile.
4. After the above records development is completed, schedule the Veteran for a VA psychiatric examination to address the nature and etiology of any psychiatric disability, to include PTSD, depression, and anxiety. The examiner should then: 
(a) Identify any psychiatric disabilities found, to include whether the criterion for a diagnosis of PTSD is met under DSM-5.
(b) If a PTSD diagnosis is deemed appropriate, the examiner should identify whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s PTSD is etiologically related to service, to include his duties as a medical specialist in service?
(c) With respect to any psychiatric disorder other than PTSD diagnosed, is at least as likely as not that the psychiatric disability is etiologically related to service, to include his duties as a medical specialist in service?
If an opinion cannot be rendered without resorting to speculation, the examiner must state whether the need to speculate is caused by a deficiency in the state of general medical knowledge (i.e. no one could respond given medical science and the known facts) or by a deficiency in the record or the examiner (i.e. additional facts are required, or the examiner does not have the needed knowledge or training).
 
KELLI A. KORDICH
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	T. Winkler, Associate Counsel