Citation Nr: 18153034
Decision Date: 11/27/18	Archive Date: 11/26/18

DOCKET NO. 13-19 157
DATE:	November 27, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.
Entitlement to service connection for obstructive sleep apnea, to include as secondary to PTSD, is remanded.
REASONS FOR REMAND
The Veteran had active duty service from December 1967 to December 1969.
1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded.
The Veteran contends he suffers from PTSD as a result of his military service, and in particular his fear of hostile military activity therein.  See May 2012 correspondence.  While the record includes a January 2011 private medical opinion which provided the Veteran with a PTSD diagnosis, a May 2012 VA examiner found the Veteran did not have PTSD and offered adequate rationale for the differing medical opinion.  
Although the Veteran claimed entitlement to service connection specifically for PTSD, under the facts of this case, his claim is broader.  See Clemons v. Shinseki, 23 Vet. App. 1 (2009).  In particular, although the May 2012 VA examiner did not diagnose PTSD, he did diagnose the Veteran with major depressive disorder.  The examiner also indicated that the Veteran’s major depressive disorder was related to postservice events, but did not specifically discuss whether it could (at least in part) be related to his in-service events.  Accordingly, a remand is necessary to obtain an additional medical opinion.
Additionally, the record contains documents in Spanish language.  These documents include lay statements received in March 2014 as well as the transcript of the March 2014 hearing before a Decision Review Officer (DRO).  These records, and any others in Spanish, are requested to be translated into English.
For all the above reasons, the Board finds a remand is necessary prior to adjudicating this claim.
2. Entitlement to service connection for obstructive sleep apnea to include as secondary to PTSD is remanded.
As previously addressed, the claim for entitlement to service connection for an acquired psychiatric disorder, to include PTSD, must be remanded.  Because the Veteran’s claim for entitlement to service connection for obstructive sleep apnea includes a secondary claim for causation due to a psychiatric disorder, these claims are inextricably intertwined and requires a medical opinion if a psychiatric disorder is service-connected.  As such, a remand is necessary.
The matters are REMANDED for the following actions:
1. Obtain English language translation of all documents in the record which are in Spanish, including the March 2014 lay statements and DRO hearing transcript.
These English translations should be associated with the Spanish originals so that the Board can determine that all necessary translations have been obtained.
2.  Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s major depressive disorder is at least as likely as not related to his in-service experiences.  
3.  After the psychiatric addendum opinion is obtained, if it is deemed necessary, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any obstructive sleep apnea.  The examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease.  Additionally, the examiner is asked to opine whether it is at least as likely as not (1) proximately due to a psychiatric disorder, or (2) aggravated beyond its natural progression by a psychiatric disorder.
 
A. ISHIZAWAR
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Churchwell, Counsel