Citation Nr: 18154547 Decision Date: 12/04/18 Archive Date: 11/30/18 DOCKET NO. 15-18 950 DATE: December 4, 2018 REMANDED Entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served in the United States Air Force from September 1970 to October 1971. This matter comes before the Board of Veterans’ Appeals on appeal from a January 2012 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Decatur, Georgia. During the course of the appeal, two private attorneys revoked their representation and withdrew as the Veteran’s representative for the issue on appeal. The record reflects that written notice was provided to the Board and the Veteran. The Veteran has not indicated that he desires another representative, thus, the Board will proceed under the assumption that he wishes to represent himself. The Veteran requested a video conference hearing before the Board, then withdrew that request in an August 2018 written correspondence. The Board acknowledges the Veteran previously sought a claim for service connection for depression that was denied in an October 2009 rating decision. Here, the Veteran seeks a claim for PTSD. As the previous denial was under a separate and distinct acquired psychiatric diagnosis, the Board considers this issue before it on a de novo basis. See Boggs v. Peake, 520 F.3d. 1330, 1336 (Fed. Cir. 2008). Entitlement to service connection for PTSD Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To establish service connection for the claimed disorder, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical, or in certain circumstances, lay evidence of a nexus between the claimed in-service disease or injury and the current disability. See 38 C.F.R. § 3.303; see also Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Establishing service connection for PTSD requires (1) medical evidence diagnosing PTSD in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between a veteran’s present symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. See 38 C.F.R. § 3.304(f). For VA purposes, a mental disorder diagnosis must conform to the Fourth Edition of the American Psychiatric Association’s Diagnostic and Statistical Manual for Mental Disorders (DSM-IV), or, for claims received by or pending before the AOJ on or after August 4, 2014, the Fifth Edition (DSM-V). See 38 C.F.R. §§ 4.125, 4.130; 79 Fed. Reg. 45093 (Aug. 4, 2014). This case was first certified to the Board after August 4, 2014; thus, the regulation changes regarding the release of the DSM-5 applies to the Veteran’s claim. Review of the record shows conflicting evidence as to whether the Veteran has a current diagnosis of PTSD. The Veteran’s VA records fail to show a PTSD diagnosis. Conversely, the Veteran’s SSA records note that he had a history of PTSD diagnosis. The record also shows the Veteran’s assertion that he was accused of engaging in sexual behavior by someone of the same sex. He indicated that after this allegation was reported to his superiors he had to go to court and was then honorably discharged. The Veteran reported experiencing nightmares and sexual dysfunction since. In light of such evidence, additional development for a VA examination is needed to determine the existence and etiology of any current diagnosis of PTSD. See 38 C.F.R. §§ 3.303, 3.304 (2018); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following actions: 1. Provide the Veteran with additional notice concerning how to substantiate the claim for PTSD based on personal assault. 2. Then, schedule the Veteran for an examination with an appropriate clinician for his reported PTSD. The entire claims file and a copy of this remand must be made available to the examiner for review, and the examiner must specifically acknowledge receipt and review of these materials in any reports generated. The examiner must opine as to the following: (a.) Whether the Veteran has had a diagnosis of PTSD under the DSM-5 criteria (even if resolved since December 2010). 3. If so, whether it is as least as likely as not (50 percent or greater probability) that it began in or is related to an incident of service, to include consideration of the Veteran’s lay assertions of continuous symptoms since separation from service in October 1971. The examiner must provide all findings, along with a complete rationale for his or her opinion(s) in the examination report. If any of the above requested opinions cannot be made without resort to speculation, the examiner must state this and provide a rationale for such conclusion. 4. Then, review the examination report and medical opinions to ensure that the requested information was provided. If any report or opinion is deficient in any manner, implement corrective procedures. 5. Then, readjudicate the claim. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the applicable time for response. Then, return the case to the Board. T. Blake Carter Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Brunot, Associate Counsel