Citation Nr: 18155034 Decision Date: 12/04/18 Archive Date: 12/03/18 DOCKET NO. 15-03 488 DATE: December 4, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability, however diagnosed, to include posttraumatic stress disorder (PTSD) and depressive disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1972 to December 1979. This matter comes before the Board of Veteran’s Appeals (Board) on appeal from a December 2011 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Board scheduled the Veteran for a hearing before a Veterans Law Judge on October 15, 2018. In a statement received October 11, 2018, the Veteran, by and through his representative, withdrew his hearing request. See October 11, 2018 Memorandum of Law. Accordingly, the Board considers the hearing request withdrawn pursuant to 38 C.F.R. § 20.702(d). 1. Entitlement to service connection for an acquired psychiatric disability, however diagnosed, to include posttraumatic stress disorder (PTSD) and depressive disorder is remanded. The Board notes that the RO adjudicated only whether the Veteran was seeking service connection for PTSD. In Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Federal Circuit clarified how the Board should analyze claims for PTSD and other acquired psychiatric disabilities. A VA treating psychiatrist diagnosed the Veteran with both PTSD and depression in January 2011. Therefore, the Board will address whether service connection is warranted for an acquired psychiatric disability, however diagnosed. In disability compensation claims, a VA medical examination must be provided when there is: (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability; (2) evidence which establishes that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies; (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran’s service or with another service-connected disability; but (4) insufficient competent medical evidence on file for the Board to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). After a review of the record, the Board has determined that a remand for a VA examination to determine if the Veteran has a current psychiatric disorder, and if so, to obtain a medical opinion regarding the etiology of such disorder, is appropriate. Id. The January 2011 VA treatment record indicates that the Veteran was diagnosed with major depressive disorder as well as PTSD. The Veteran asserts that his PTSD and major depressive disorder are the result of stressors that occurred during his military service while he was stationed in Turkey. The Veteran reported having recurring nightmares and fear of Muslims since service. The VA treating psychiatrist attributed the Veteran’s PTSD to his post-service career as a law enforcement officer, in which the Veteran had to use his service pistol in self-defense while effectuating an arrest. In July 2013, a private psychiatrist opined that the Veteran’s PTSD resulted from his military service and that his major depressive disorder is attributed to his service-connected low back disability. However, the Veteran was not afforded a VA examination for either PTSD or major depressive disorder. The Board will remand for clarification of the Veteran’s diagnosis and to obtain a nexus opinion addressing a potential connection between the Veteran’s service and his current psychiatric disability. The matter is REMANDED for the following action: 1. After securing any necessary consent forms from the Veteran, obtain any outstanding treatment records, to include any VA and/or private treatment records, pertaining to the claim on appeal. 2. After the above development has been completed, schedule the Veteran for a VA examination to address the nature and etiology of any acquired psychiatric disability found to be present. The examiner is asked to identify all of the Veteran’s diagnosed psychiatric disabilities found to be present at any point during the appeal period. For each such disability diagnosed, to include both PTSD and major depressive disorder if such is found to be present, the examiner must provide an opinion as to whether it is at least as likely as not that any such diagnosed psychiatric disability is causally related to active service. The examiner must also opine as to the following: • Whether it is at least as likely as not that any diagnosed psychiatric disability was caused by the Veteran’s service-connected lumbar spine disorder or any other service-connected disability, and • Whether it is at least as likely as not that any diagnosed psychiatric disability was aggravated by the Veteran’s service-connected lumbar spine disorder or any other service-connected disability. In rendering these opinions, the examiner must discuss the Veteran’s lay statements regarding his claimed stressors as well as the diagnoses assigned in the January 2011 VA treatment record and the July 2013 private psychiatrist’s statement. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Christopher W. King, Law Clerk