Citation Nr: 18146661 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 15-05 219 DATE: October 31, 2018 ORDER New and material evidence having been received, the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is reopened, and to that extent only the appeal is granted. REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. FINDINGS OF FACT 1. A May 2000 rating decision denied service connection for PTSD. The Veteran did not appeal that decision, and that decision is final. 2. The evidence received subsequent to the May 2000 final denial of the claim for service connection for PTSD is new, and is also material, because it raises a reasonable possibility of substantiating the claim. CONCLUSIONS OF LAW 1. The May 2000 rating decision that denied service connection for PTSD is final. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103. 2. As new and material evidence has been received since the May 2000 rating decision, the requirements to reopen the claim for service connection for PTSD have been met. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1958 to June 1969. New and Material Evidence New and material evidence for the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). To establish service connection for a current disability, a Veteran must show the existence of a present disability; in-service incurrence or aggravation of a disease or injury; and a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Generally, VA rating decisions that are not timely appealed are final. However, if new and material evidence is presented or secured with respect to a claim which has been disallowed, VA shall reopen the claim and review the former disposition of the claim. 38 U.S.C. §§ 5108, 7105. New evidence means evidence not previously submitted to agency decision-makers. Material evidence means existing evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. New and material evidence can be neither cumulative nor redundant of the evidence of record at the time of the last prior final denial of the claim sought to be reopened, and must raise a reasonable possibility of substantiating the claim. 38 C.F.R. § 3.156(a). New and material evidence is not required as to each previously unproven element of a claim. There is a low threshold for reopening claims. 38 C.F.R. § 3.156(a); Shade v. Shinseki, 24 Vet. App. 110 (2010). For the purpose of determining whether new and material evidence has been submitted, the credibility of the new evidence is presumed. Justus v. Principi, 3 Vet. App. 510 (1992). A May 2000 rating decision reopened a previously denied claim of entitlement to service connection for PTSD, and denied the claim because the record did not show a diagnosis of PTSD which conformed to DSM-IV standards, or evidence of an in-service stressor. The relevant evidence of record at that time included the Veteran’s statements, service medical records, and Social Security Administration medical reports dated in February 2000. The Veteran was notified of the decision and his appellate rights by letter dated May 20, 2000. The Veteran did not submit a timely notice of disagreement within one year following the denial, and new and material evidence was not received within one year, and therefore, the May 2000 rating decision became final. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.160(d), 20.302. Briefly reviewing the evidence submitted since the May 2000 decision, an August 2014 letter from Dr. J.K.M. states that the Veteran was under the doctor’s care for treatment of PTSD, and that it was more likely than not that PTSD had resulted from service in Vietnam. That evidence, which was not of record at the time of the May 2000 rating decision, relates to an unestablished fact necessary to substantiate the claim, and raises a reasonable possibility of substantiating the claim and is thus new and material. 38 C.F.R. § 3.156(a). Therefore, the claim for service connection for PTSD is reopened. REASONS FOR REMAND Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. In a July 2018 hearing, the Veteran reported that while deployed off the coast of Vietnam, he supervised the assembly of ordinance, specifically napalm bombs. The Veteran testified that he witnessed the death of multiple Vietnamese people after being bombed from a fighter plane screen, including their bodies being burned. The Veteran testified he was unable to get the image of people burning out of his head after that, and frequently experienced symptoms including nightmares, flashbacks, hypervigilance, and isolation. As the claim for entitlement to service connection for PTSD has been reopened, the Board finds that a VA examination for mental disorders, specifically PTSD, is needed to adequately consider the current evidence of record, including the Veteran’s testimony regarding the onset of his symptomology. The matter is REMANDED for the following action: 1. Obtain all outstanding VA medical records and private medical records that are not already of record. 2. Schedule the Veteran for a VA psychiatric examination, by a psychologist or psychiatrist who has not previously examined the Veteran, to determine the etiology of any psychiatric disabilities found. The examiner must review the claims file and this remand, and should note that review in the report. Any further indicated tests and studies to include psychological studies should be conducted to identify all current psychiatric disorders, to include any diagnosis of PTSD due to in-service events. The examiner must address the Veteran’s lay statements and other lay statements regarding onset, inservice symptoms, and continuity of symptomatology since service, including the Veteran’s July 2018 testimony before the Board. The examiner should provide a complete rationale for all opinions and conclusions and reconcile the opinions with all pertinent evidence of record. (a.) The examiner should diagnose all psychiatric disabilities present. The examiner should address the May 1999 Social Security Administration evaluation diagnosing PTSD, and the August 2014 letter from Dr. J.M. stating the Veteran was being treated for PTSD. The examiner should specifically state whether or not each criterion for a diagnosis of PTSD is met. (b.) If a PTSD diagnosis is deemed appropriate, the examiner should comment upon whether it is at least as likely as not (50 percent or greater probability) that any PTSD is due to the claimed incidents in service, or due to the fear of hostile military or terrorist activity during service. (c.) With respect to any psychiatric disability found other than PTSD, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any current psychiatric disability, to include depression and anxiety disorder, is related to any incident of active service. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD H. Ahmad, Associate Counsel