Citation Nr: 18148349 Decision Date: 11/08/18 Archive Date: 11/07/18 DOCKET NO. 15-00 613A DATE: November 8, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depressive disorder, and mood disorder is remanded. REASONS FOR REMAND The Veteran had active service from May 1971 to May 1973 and May 1974 to June 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In May 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ). A copy of the transcript has been associated with the claims folder. Service connection for a foot disability is not on appeal. The Board notes that during the hearing, the Veteran asserted that service connection for a foot disability is also on appeal. At the time of the hearing, the undersigned did not believe that such an appeal was properly before the Board, but agreed to conditionally take testimony on the issue, pending a complete review of the claims file at a later time to determine if the issue was properly perfected and the Board had jurisdiction. Upon complete review of the record, the Board finds that the issue of service connection for a foot disability is not on appeal. A review of the record reflects that a claim for a foot condition was denied in a June 2010 rating decision and the Veteran submitted a July 2010 notice of disagreement. Thereafter, the RO issued a statement of the case (SOC) in December 2011. Following the issuance of the SOC, a blank, unsigned VA Form 9 was received in December 2011. The Board finds that this blank Form 9 is not sufficient for the purpose of perfecting an appeal for the foot condition. The Form 9 associated with the claims file does not identify any issue to be appealed, does not contain the Veteran’s name or other identifying information, and does not allege any error of fact or law with regard to any issue. 38 C.F.R. § 20.202. Therefore, the Board finds that the appeal for service connection for a foot condition is not before the Board, and it will not be addressed further herein. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Veteran has asserted that he currently experiences PTSD as a result of in-service stressors. He specifically states that the tank he was in charge of accidentally cut off a man’s legs while in service in Korea in the summer of 1972, that in June 1972 he accidentally shot at civilians in Korea, that he witnessed a soldier’s fingers being cut off, and that he experienced substance abuse problems in 1976 during the last period of his service as a result of the break-up of his marriage while he was in service. See April 2012 VA Form 21-0781a; see also May 2018 Board hearing transcript. In a September 2018 psychological evaluation, following a review of the record and examination of the Veteran, psychologist J.H.P. diagnosed the Veteran with PTSD, depressive disorder, and anxiety disorder and opined that such were directly related to the Veteran’s claimed events in service. The Board notes that the Veteran’s service personnel records reflect that he served in Korea in 1972 and also that he was reprimanded under Article 15 during the last period of his service for an unexcused absence. The Board finds that a VA examination is warranted on remand to clarify whether the Veteran’s claimed stressors meet the criteria for PTSD or for any other mental disorder he is currently diagnosed with, and to consider whether the Veteran’s contended stressors are related to a current psychiatric disorder. The matter is REMANDED for the following action: 1. After securing any necessary release, attempt to obtain private treatment records from the Behavioral Health Center at Westchester Medical Center in New York in 1993. 2. Obtain VA treatment records from Biloxi from February 1988 to March 2008 and from Dublin from May 2009 to September 2014. Obtain all relevant VA treatment records since they were last associated with the claims file in April 2018. 3. Thereafter, schedule the Veteran for a VA examination to address the claim for service connection for his acquired psychiatric disorder, to include PTSD, depressive disorder, and anxiety disorder. All necessary testing should be accomplished. The examiner should identify all psychiatric disorders present from October 2011 to the present. The examiner should opine as to whether it is at least as likely as not that the Veteran has an acquired psychiatric disorder as the result of his claimed in service stressors, to include commanding a tank that accidentally cutting off a man’s legs in Summer 1972, shooting at Korean civilians in June 1972, witnessing a soldier get his fingers cut off, and substance abuse problems as a result of the dissolution of his marriage. The examiner should assume for purposes of his examination that the Veteran’s stressors are valid, and should clearly identify the stressor(s) on which any diagnosis is made. The examiner should clearly explain the reasons for any conclusions reached. In making this determination, the examiner should review the Veteran’s complete claims file to include his SPRs and September 2018 opinion from psychologist J.H.P. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Kamal, Associate Counsel