Citation Nr: 18155560 Decision Date: 12/04/18 Archive Date: 12/04/18 DOCKET NO. 09-21 190 DATE: December 4, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from September 13, 1966 to November 23,1966 a period of 2 months and 11 days. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from June and September 2008 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania which denied the Veteran’s application to reopen a previously denied claim of entitlement to service connection for personality disorder (claimed as PTSD) and entitlement to service connection for anxiety disorder. In July 2012, the Board reopened the Veteran’s claim for service connection and remanded for additional development. Claims for service connection for psychiatric disorders, including PTSD, may encompass claims for service connection for all diagnosed psychiatric disorders. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). The Veteran’s continuing assertion is that he has a psychiatric disorder which warrants service connection. Accordingly, the Board has recharacterized the issue on appeal as indicated above. In December 2015, the case was remanded to afford the Veteran a requested hearing which was held in December 2017 when he testified before the undersigned Veterans Law Judge. A transcript of this testimony is associated with the claims file. The most recent VA Compensation and Pension examination of the Veteran was conducted in 1992 and no Compensation and Pension examination of the Veteran has been conducted since. A medical examination is necessary when the record (1) contains competent evidence that the claimant has a current disability or persistent or recurrent symptoms of the disability; (2) contains evidence, which indicates that the disability or symptoms may be associated with the claimant’s active duty; and (3) does not contain sufficient medical evidence for VA to make a decision. 38 U.S.C. § 5103A(d); McClendon v. Nicholson, 20 Vet. App. 79, 83 (2006). A Compensation and Pension examination in necessary. The Board acknowledges that in August 2018 a private psychologist evaluated the Veteran and provided an in-depth report which diagnosed the Veteran with: borderline intellectual functioning, unspecified psychotic disorder, and recurrent major depression. The psychologist indicted that the Veteran’s diagnosed personality disorder during service and his reported symptoms were early indicators of the symptoms of paranoia and disorganization which were part of his psychotic disorder. The evaluator did indicate that he was provided and reviewed the evidence of record. However, this report does not account for some key evidence such as the 1992 Compensation and Pension examination referenced above, or mental health records in the intervening period between service and present which indicate that psychotic symptoms were not present. Accordingly, remand for Compensation and Pension examination is necessary. The matter is REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to his psychiatric disorder. All identified VA records should be added to the claims file (at his hearing the Veteran indicated he began treatment with VA in 1982). All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. The Veteran should be afforded a VA psychiatric examination to determine the nature of any current psychiatric disability, and to obtain an opinion as to whether such is related to service. The claim file should be reviewed by the examiner. All necessary tests should be conducted and the results reported. The examiner should elicit a full history from the Veteran and consider the lay statements of record. It is noted that the Veteran is competent to attest to factual matters of which he has first-hand knowledge. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. Following review of the claims file and examination of the Veteran, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current psychiatric disability is related to an in-service injury, event, or disease. The examiner is informed that there is currently no evidence to support the Veteran’s reported non-combat stressors of seeing a solider die in a tent fire or being incarcerated during service. The examiner is requested to review the August 2018 private examination report and comment on it in relation to the opinion provide by the Compensation and Pension examiner. A rationale for all opinions expressed should be provided as the Board is precluded from making any medical findings. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD D. Havelka, Counsel