Citation Nr: 18154279 Decision Date: 11/30/18 Archive Date: 11/29/18 DOCKET NO. 16-57 158 DATE: November 30, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), dysthymic disorder, and depression, to include as due to military sexual trauma and/or physical assault is remanded. REASONS FOR REMAND The Veteran had active service from August 1966 to April 1969. This matter comes before the Board of Veterans’ Appeals (Board) from a January 2015 rating decision. The Board has characterized the issue as entitlement to service connection for an acquired psychiatric disability, to include PTSD, dysthymic disorder, and depression, to include as due to military sexual trauma and/or physical assault, due to the presence of other psychiatric diagnoses. See Clemons v. Shinseki, 23 Vet. App. 1, 4-5 (2009). The Board notes that, in addition to the acquired psychiatric disorder claim, the Veteran filed a notice of disagreement (NOD) as to the claims for entitlement to service connection for hypertension, bilateral hearing loss, tinnitus, and gastroesophageal reflux disease (GERD). In June 2016 correspondence, prior to the RO issuance of the SOC, the Veteran’s attorney submitted statements indicating that he was withdrawing the claims as to these issues. Thus, no other issues are before the Board. Service Connection Claim Although further delay is regrettable, the Board finds that additional development is necessary prior to appellate review. In regard to the claim for service connection for an acquired psychiatric disorder to include as due to personal assault and/or military sexual trauma, the Veteran has diagnoses for PTSD, depression, and dysthymic disorder. The Veteran has provided statements regarding the claimed in-service event. The Veteran asserts that he was physically assaulted in January 1967, by an unknown male attacker at a bus station in Germany. The Veteran has also reported that the assailant made unsolicited sexual advances to the Veteran. Given the Veteran’s contentions regarding possible in-service stressors and his VA treatment records showing psychiatric treatment, the Veteran should be afforded a VA examination. See McLendon v. Nicholson, 20 Vet. App. 79, 81-83 (2006). Additionally, pursuant to 38 C.F.R. § 3.304 (f)(5), if a PTSD claim is based on in-service personal assault, evidence from sources other than the Veteran’s service records may corroborate his account of the alleged stressor incident(s). Because the Veteran has asserted that his claimed acquired psychiatric disorder may be the result of in-service personal assault(s), including military sexual trauma and physical assault, the AOJ must provide the Veteran notice of the requirements for service connection for PTSD based on in-service personal assault and the forms of alternative evidence that he may submit to support such a claim. Finally, on remand, all outstanding VA medical records must be requested and obtained. See Bell v. Derwinski, 2 Vet. App. 611 (1992). The matter is REMANDED for the following action: 1. Send the Veteran a development letter for PTSD advising him of the need for credible supporting evidence for any claimed stressors that are not combat-related and notifying him that in-service personal assault and/or sexual trauma may be corroborated by evidence from sources other than service records. Examples of such evidence, as listed in 38 C.F.R. § 3.304 (f)(5), should be provided. 2. Obtain and associate with the Veteran’s claims file any outstanding VA treatment records. If possible, the Veteran himself should submit any pertinent new evidence regarding the conditions at issue in order to expedite the claims. 3. Then, schedule the Veteran for a VA mental disorders examination to determine the nature and etiology of any acquired psychiatric disorder. If the Veteran is diagnosed with PTSD, the examiner must explain how the DSM-5 diagnostic criteria are met and opine whether it is at least as likely as not related to an in-service stressor. If the stressor involves a personal assault and/or military sexual trauma event, the examiner should provide an opinion as to whether it is at least as likely as not that any behavior changes were demonstrated in service or shortly thereafter and, if so, whether such changes may be indicative of a personal assault having been committed upon the Veteran in service. 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 an in-service injury, event, or disease. 4. After completing the above development, readjudicate the issue on appeal. If any benefit sought remains denied, issue a supplemental statement of the case and return the case to the Board. JOHN J CROWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Kettler, Associate Counsel