Citation Nr: 18145670
Decision Date: 10/29/18	Archive Date: 10/29/18

DOCKET NO. 16-41 093
DATE:	October 29, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety, and depression is remanded.
REASONS FOR REMAND
The Board finds that a remand is necessary to afford the Veteran a new examination.  The record reflects a private 2012 diagnosis of PTSD as well a 2013 VA opinion that the Veteran does not have PTSD.  Although the 2013 VA opinion discusses the 2012 diagnosis, it is based on an evaluation applying DSM-IV criteria.  Effective August 4, 2014, VA amended the portion of its Schedule for Rating Disabilities dealing with mental disorders to remove outdated references to the DSM-IV and replace them with references to the updated Diagnostic and Statistical Manual (Fifth Edition), the DSM-V.  See 79 Fed. Reg. 45,094 (August 4, 2014).  Given the conflicting opinions, the application of outdated DSM criteria, and the Veteran’s July 2016 contention that the 2013 examination was inadequate, a new examination is warranted.
The matter is REMANDED for the following action:
1.  Ensure that all outstanding VA treatment records are associated with the claims file. 
2.  Ask the Veteran to complete a VA Form 21-4142 for any outstanding private treatment records, to specifically include any updated records from Dr. Liss.  Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile.
3. Thereafter, provide the Veteran with a VA psychiatric examination to determine the nature and etiology of any currently diagnosed psychiatric disorder.  The claims file and a copy of this remand will be made available to the examiner, who will acknowledge receipt and review of these materials. After a review of the record and examination of the Veteran, the examiner is asked to respond to the following with complete rationales for all offered opinions: (1) Under the criteria of the DSM-V, does the Veteran have a current diagnosis of a psychiatric disorder, to include, but not limited to, PTSD? (2) For each currently diagnosed psychiatric disorder, provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) is related to the Veteran’s active duty service.
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Yaffe, Associate Counsel