Citation Nr: 18146182
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 18-34 359
DATE:	October 30, 2018
REMANDED
Entitlement to service connection for anxiety disorder is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the United States Marine Corps from June 1987 to May 2010. 
1.  Entitlement to service connection for anxiety disorder is remanded.
A remand is needed to obtain an addendum VA medical opinion regarding the etiology of the Veteran’s anxiety disorder shown during the pendency of the appeal.  See 38 C.F.R. § 3.159 (c)(4) (2018).  The Veteran initiated her current claim in December 2016, and at that time, her VA treatment records showed a current diagnosis of anxiety disorder.  
In December 2017, the Veteran was afforded a VA examination related to her anxiety claim.  Based on clinical evaluation and review of the claims folder, the VA examiner found that the Veteran does not currently meet DSM-5 criteria for a psychiatric disorder, to include anxiety, depressive or stressor-related disorder.  The VA examiner noted that while the Veteran endorsed exposure to military sexual trauma, she did not endorse symptoms consistent with PTSD to this event.  The VA examiner further noted that the Veteran did endorsed intermittent, transient, and occasional anxiety symptoms, but without occupational or social impairment. 
Within the report, the December 2017 VA examiner recognized the VA treatment and indication of anxiety disorder, but made no findings of a current disorder and, therefore, gave no opinion as to the etiology of any mental health diagnosis throughout the pendency of the claim.  However, the requirement for a current disability is satisfied if the disability is shown at any time subsequent to filing the claim, even if not shown currently.  McLain v. Nicholson, 21 Vet. App. 319 (2007). 
The Board, therefore, finds an addendum VA medical opinion is needed to address whether the Veteran’s anxiety disorder shown during the pendency of appeal is etiologically related to her period of service, to include reported military sexual trauma. 
The matter is REMANDED for the following action:
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1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s anxiety disorder shown during the pendency of the appeal is at least as likely as not related to her period of service, to include reported military sexual trauma.
 
K. J. ALIBRANDO
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Murray, Counsel