Citation Nr: 18150034 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 14-42 597 DATE: November 14, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability to include posttraumatic stress disorder (also claimed as depression) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from June 2002 to June 2005, from October 2007 to October 2008, and from April 2011 to May 2012, respectively. The Veteran’s claim for posttraumatic stress disorder (PTSD) was denied by the Muskogee, Oklahoma Regional Office (RO) in a May 2013 rating decision, because the Veteran did not have a current PTSD diagnosis, and failed to report for a scheduled Department of Veterans (VA) PTSD examination (even when rescheduled for a second time). Although the Veteran is currently service connected for major depressive disorder for treatment purposes only (due to his major depressive disorder diagnosis in October 2012, within two years post-service, this is not a PTSD diagnosis; hence the Veteran does not have a current PTSD diagnosis as recently asserted by his representative. Further, when a veteran’s claim is certified for appeal before the Board after August 4, 2014, any diagnoses for psychiatric disabilities rendered for purposes of obtaining VA benefits must use the DSM-V criteria. 38 C.F.R. § 4.125(a) (2017), 80 Fed. Reg. 14308 (Mar. 19, 2015) (final). Here, the Veteran’s claim was certified for appeal before the Board on April 5, 2017. Therefore, the Board finds that the Agency of Original Jurisdiction (AOJ) should afford the Veteran a new VA examination for his current psychiatric disability, including PTSD, using the DSM-V criteria. 38 C.F.R. § 4.125(a) (2017); 80 Fed. Reg. 14308 (Mar. 19, 2015) (final). Additionally, in a February 2013 Initial PTSD Disability Benefits Questionnaire (DBQ), the Veteran describes two stressors that he indicates are the basis for his PTSD symptoms. To date, these stressors have not been verified. Therefore, the Board finds that a remand is further warranted in order for the AOJ to undertake any development necessary to verify the Veteran’s alleged stressors. The Board cautions the Veteran that he has a duty to cooperate in the development of his claim, and his failure to report for any other scheduled VA examination without explanation may result in the denial of his claim, based on the evidence on record. Wood v. Derwinski, 1 Vet. App. 191 (1991); 38 C.F.R. § 3.655 (2017). 38 C.F.R. § 3.655(b) (2017). While the Veteran initially claimed service connection for PTSD (claimed as depression) in December 2012, the Board notes that the record includes reference to other possible psychiatric disorders for which service connection may be warranted. Thus, in accordance with Clemons, the Board has recharacterized the issue on appeal as a claim for entitlement to service connection for an acquired psychiatric disability, to include PTSD. Clemons v. Shinseki, 23 Vet. App. 1 (2009). The matter is REMANDED for the following actions: 1. The AOJ should undertake any and all appropriate action to verify the Veteran’s claimed in-service stressors. 2. Schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine whether the Veteran meets the criteria for a diagnosis for PTSD and any other psychological disability, using the DSM-V criteria. The claims file, including a copy of this REMAND, should be provided to the examiner in connection with the examination, and the examiner should indicate that the Veteran's records have been reviewed. The examiner should then: (a) Provide a specific diagnosis for PTSD and any other current psychiatric disability. (b) Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any diagnosed psychiatric disability originated during, or is etiologically related to, active duty service. (c) If a diagnosis of PTSD is warranted, the examiner should provide an opinion whether it is at least as likely as not (50 percent or greater probability) that PTSD is due to exposure to an actual confirmed stressor or the fear of hostile or terrorist activity. Fear of hostile military or terrorist activity means that a Veteran experienced, witnessed, or was confronted with an event or circumstance that involved actual or threatened death or serious injury, or a threat to the physical integrity of the Veteran or others, such as from an actual or potential improvised explosive device; vehicle0imbedded explosive device; incoming artillery, rocket, or mortar fire; grenade; small arms fire; including suspected sniper fire; or attack upon friendly military aircraft, and the response to the event or circumstance involved the psychological or a psycho-physiological state of fear, helplessness, or horror. The examiner should provide a complete rationale for any opinions offered. If the examiner is unable to provide any requested opinion without resort to speculation, he or she should explain why this is so. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.B. King, Associate Counsel