Citation Nr: 18154563 Decision Date: 12/03/18 Archive Date: 11/30/18 DOCKET NO. 16-50 303 DATE: December 3, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), claimed as due to in-service military sexual trauma, is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1974 to June 1974. This matter comes to the Board of Veterans’ Appeals (Board) from a January 2015 rating decision. Entitlement to service connection for an acquired psychiatric disorder, including PTSD, claimed as due to in-service military sexual trauma, is remanded. More information is needed to allow the Board to make a fully-informed decision. While the Veteran has a current diagnosis of PTSD, VA has not yet attempted to corroborate the Veteran’s in-service stressor[s] involving the alleged sexual assault. The Veteran indicated that she reported the rape and was moved to laundry duty until she could be discharged. She has also indicated that at the time, several other females on base were sexually assaulted and/or murdered as part of a pattern on base. Furthermore, no examiner has opined whether any diagnosed psychiatric disability is at least as likely as not related to service, to include the alleged in-service sexual assault, or whether any preexisting psychiatric disorder was aggravated by service. Evidence indicates that there may be outstanding relevant VA treatment records. In July 2018, the Veteran submitted incomplete VA treatment records dated in 2017 and 2018, and VA treatment records prior to this may be incomplete. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain them. The matter is REMANDED for the following actions: 1. Obtain the Veteran’s complete VA treatment records. 2. Attempt to corroborate the Veteran’s in-service stressors, including any written report documenting her alleged rape or whether other women were assaulted and/or murdered as part of a pattern on base. If more details are needed, contact the Veteran to request the information. 3. After the Veteran’s reported stressors have been developed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any diagnosed acquired psychiatric disability, including posttraumatic stress disorder (PTSD). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met. The examiner must opine whether the evidence of record, including the Veteran’s lay statements, statements made by the Veteran’s sister, and the Veteran’s service records, corroborate the claim that a personal assault occurred in service (38 C.F.R. § 3.304(f)(5)). If the examiner finds that evidence indicates that a personal assault occurred during the Veteran’s active service, the examiner must opine whether any PTSD is at least as likely as not related to the in-service personal assault. For any other diagnosed psychiatric disability, if the examiner finds that a psychiatric disability clearly and unmistakably preexisted service, the examiner must opine whether it was clearly and unmistakably not aggravated by service. If the examiner finds that the diagnosed psychiatric disability either did not clearly and unmistakably preexist service, or was not clearly and unmistakably aggravated by service, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease. 4. After completing the above, and any other development as may be indicated, the Veteran’s claim should be readjudicated based on the entirety of the evidence. If the claim remains denied, the Veteran and her representative should be issued a supplemental statement of the case (SSOC).   An appropriate period of time should be allowed for response. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. K. Parakkal Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Owen, Associate Counsel