Citation Nr: 18154498 Decision Date: 11/30/18 Archive Date: 11/30/18 DOCKET NO. 16-33 588 DATE: November 30, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD) and major depressive disorder, is remanded. REASONS FOR REMAND The Appellant served on active duty for training (ACDUTRA) for the Army National Guard from April 1988 to July 1988. Subsequently, he served on the Army National Guard of Oregon until February 1994. Then, he was part of the Individual Ready Reserve (IRR) for Oregon National Guard, until he reenlisted into the Army National Guard of Oregon in July 1997. He then transferred to the Army National Guard of California from May 1999 to July 2000. The matter on appeal before the Board of Veterans’ Appeals (Board) is from a May 2016 rating decision of a regional office of the Department of Veterans Affairs (VA). Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and major depressive disorder. With respect to the Appellant’s service connection claim for PTSD, the Board acknowledges that the scope of a mental health disability claim includes any mental health disorder that may reasonably be encompassed by the claimant’s description of the claim, reported symptoms, and the other information of record. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Review of the record reflects that the Appellant’s mental health symptoms have resulted in various diagnoses over the years, to include PTSD and major depressive disorder. Thus, although the Appellant’s psychiatric disorder claim was substantively appealed with respect to service connection for PTSD, under Clemons it can be broadened to include a claim for service connection for any acquired psychiatric disorder. As such, the Appellant’s claim has been recharacterized on the title page of this decision. Active military service includes any period of ACDUTRA during which the individual concerned was disabled or died from a disease or injury incurred in or aggravated in line of duty, or any period of inactive duty training (INACDUTRA) during which the individual concerned was disabled or died from injury incurred in or aggravated in line of duty. 38 U.S.C. § 101(22) and (23) (2012). ACDUTRA is, among other things, full-time duty in the Armed Forces performed by Reserves for training purposes or by members of the National Guard of any state. 38 U.S.C. § 101(22) (2012); 38 C.F.R. § 3.6(c)(1) (2018). INACDUTRA is part-time duty in the Armed Forces performed by Reserves for training purposes or by members of the National Guard of any state. 38 U.S.C. § 101(23) (2012); 38 C.F.R. § 3.6(c)(1) (2018). Active service also includes authorized travel to or from such duty or service. 38 U.S.C. § 106(d) (2012); 38 C.F.R. § 3.6(e) (2018). A member of the National Guard serves in the federal military only when formally called into the military service of the United States. At all other times, a member of the National Guard serves solely as a member of the State militia under the command of a state governor. For a period of National Guard service to be qualifying service for VA compensation benefits, such period of service must have been when the National Guardsman was ordered into Federal service under 10 U.S.C. § 12401 or performs full-time duty under the provisions of 32 U.S.C. §§ 502, 503, 504, or 505. Additionally, disability compensation may also be recognized for “travel status-training duty,” whereby the claimant has become disabled from an injury or covered disease incurred while proceeding directly to or returning directly from active duty training or inactive duty training. 38 C.F.R. § 3.6(e) (2018). Review of the record reflects incomplete development of whether the Appellant has qualifying service since his periods of ACDUTRA and INACDUTRA have not been identified. There is a February 2016 Information Report that provides inconsistent dates for the Appellant’s time in the National Guard than the dates from the enlistment and separation forms for both Army National Guard of Oregon and California. Additionally, there is a February 2000 medical examination statement that checks the box claiming that the Appellant was on inactive duty training. However, it is unclear whether the Appellant was actually on inactive duty training at that time, since the only information provided from the service personnel records show that the Appellant was in the Army National Guard of California at this time. As such, the matter must be remanded to verify the specific periods of service and the nature thereof. The matter is REMANDED for the following action: 1. Verify all active duty for training and inactive duty for training dates for alleged service in the Army National Guard of Oregon and for the Army National Guard of California. If necessary, a request should be made to the Defense Finance and Accounting Service. Document all requests for information as well as all responses in the claims file. 2. Verify whether the specific active duty for training and inactive duty for training periods falls under the authority of 10 U.S.C. § 12401 or 32 U.S.C. §§ 502, 503, 504, or 505. 3. If it is determined that the Appellant has qualifying service, update the Appellant’s private and VA medical treatment records. 4. If it is determined that the Appellant has qualifying service, schedule him for a VA mental disorders examination to determine the nature and etiology of any acquired psychiatric disorder, to include PTSD and major depressive disorder. If the Appellant 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 (50 percent or greater probability) related to a verified in-service stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not (50 percent or greater probability) related to an in-service injury, event, or disease, to include the October 1998 and June 2000 stressors. BARBARA B. COPELAND Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Imam, Associate Counsel