Citation Nr: 18152197
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 15-00 548
DATE:	November 21, 2018
ORDER
New and material evidence having been received, the claim of service connection for posttraumatic stress disorder (PTSD) is reopened.
REMANDED
Service connection for PTSD is remanded.

DECISION
Whether new and material evidence has been submitted to reopen a previously denied claim of service connection for PTSD.
The Veteran has claimed entitlement to service connection, which has been previously denied by the VA Regional Office (RO).  Most recently, the RO denied his claim in May 2009.  The record reflects that the Veteran was notified of the denial, but did not submit a notice of disagreement.  As no new pertinent evidence was received by VA within one year of the rating decision, and the Veteran did not appeal, the decision is final.  See 38 U.S.C. § 7105; 38 C.F.R. §§ 20.302, 20.1103.  
The Veteran filed a petition to reopen his claim in 2013 and since that time VA has received new evidence in the form of explanatory lay statements and additional medical records.  As some of this evidence indicates that the Veteran may have PTSD, and that any such PTSD may be the result of his in-service experiences, the Board finds that new and material evidence has been submitted such that the previously denied claim of service connection for PTSD is reopened.  See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a).  The reopened claim will be further addressed in the remand section.
REASONS FOR REMAND
Entitlement to service connection for PTSD.
A May 2014 VA examiner concluded that the Veteran does not have a diagnosis of PTSD that conforms to the DSM-5 criteria and instead experiences substance abuse.  However, the Veteran subsequently reported that he receives VA treatment for PTSD in Fayetteville and Goldsboro, and has been diagnosed with PTSD.  He further stated that he has nightmares about his service during Operation Desert Storm and copes by drinking to excess.  The Board finds an additional VA examination and opinion are necessary for the reopened PTSD claim.  Updated treatment records should also be obtained.
The matter is REMANDED for the following action:
1. Obtain VA treatment records dated to the present.
2. Ask the Veteran to complete a VA Form 21-4142 for any outstanding private treatment records.  Make two requests for the authorized records unless it is clear after the first request that a second request would be futile.
3. Afford the Veteran another opportunity to provide additional information about any claimed stressor, to include, but not limited to, the identities of any deceased individuals.
4. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD).  If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to the in-service stressors described by the Veteran.  If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to any in-service injury, event, or disease.  A complete rationale should be provided for any opinions reached.
5. Thereafter readjudicate the appeal.  If the benefit sought is not granted in full, provide the Veteran and his representative with a supplemental statement of the case and afford an appropriate period for response prior to returning the matter to the Board.
 
JEBBY RASPUTNIS
Acting Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Isaacs, Associate Counsel