Citation Nr: 18153640 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-56 150 DATE: November 28, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), is remanded. Entitlement to service connection for hypertensive vascular disease (claimed as high blood pressure) is remanded. Entitlement to service connection for diabetes mellitus is remanded. REASONS FOR REMAND The Veteran had active military service from October 1977 to April 1987. The Veteran initially filed a claim to establish service connection for PTSD. In determining the scope of a claim, the Board must consider the Veteran’s description of the claim, symptoms described, and the information submitted or developed in support of the claim. Clemons v. Shinseki, 23 Vet. App. 1 (2009). In light of the United States Court of Appeals for Veterans Claims (Court) decision in Clemons and the uncertainty of the Veteran’s specific diagnosis, the Board has expanded the Veteran’s claim to include all acquired psychiatric disabilities, and the issue has been recharacterized as stated on the title page. This will provide the most favorable review of the Veteran’s claims in keeping with the Court’s holding in Clemons. Id. The Board finds that the Veteran has a current diagnosis for PTSD. See August 2018 VA Treatment Records. The Veteran has not received a VA examination to determine whether it is as likely as not that the Veteran’s current disability arose during service or as a result of an in-service injury, event, or disease. The Veteran reported witnessing an overturned Howitzer tank kill a soldier in his unit as well as a death related to explosion of jet fuel in a kerosene heater. See March 2015 Veteran’s Statement in Support of Claim; April 2015 PTSD group therapy VA treatment records. Unfortunately, these reports could not be substantiated by the Joint Services Records Review Center (JSRRC). See September 2016 Statement of the Case (SOC). Consequently, the Board finds that the claim must be remanded so that a VA examination for psychiatric disorders, including PTSD, can be provided to the Veteran. In his November 2016 Substantive Appeal, the Veteran attributed his diabetes and high blood pressure to stress, anxiety, and depression, which indicates a view that the disabilities developed secondary to his claimed psychiatric disorder. The claims for service connection for high blood pressure and diabetes mellitus are thus inextricably intertwined with the claim for service connection for a psychiatric disorder and must be remanded. See Harris v. Derwinski, 1 Vet. App. 180 (1991). The matter is REMANDED for the following action: 1. Provide the Veteran with an updated notice letter that includes information on the evidence required to substantiate his claims for service connection for hypertensive vascular disease (claimed as high blood pressure) and diabetes mellitus as secondary to an acquired psychiatric disorder, to include PTSD. 2. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all VA and private treatment records concerning these claims. 3. Schedule the Veteran for a VA mental health examination, to be conducted by a VA psychologist or psychiatrist, to determine the nature and etiology of any acquired psychiatric disorder, to include PTSD. Prior to the examination, the claims folder and a copy of this remand must be made available to the examiner for review of the case. A notation to the effect that this record review took place should be included in the report. The most up-to-date disability benefits questionnaire should be used. The examiner is directed to prepare a report which fully discusses the Veteran’s symptomatology as related to the diagnostic criteria for an acquired psychiatric disorder, to include PTSD. After reviewing all pertinent records associated with the claims file, to include the PTSD diagnosis from the Veteran’s private treatment provider, and conducting an evaluation of the Veteran, if a psychiatric disorder (PTSD or otherwise) is diagnosed following testing, the examiner must opine as to whether it is at least as likely as not (a 50 percent or greater probability) that any such acquired psychiatric disorder is directly related to active military service. (Continued on the next page)   Consideration should be given to the Veteran’s March 2015 Statement and April 2015 PTSD group therapy VA treatment records. Any conclusions reached must be supported by a complete and detailed rationale. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Evan Thomas Hicks