Citation Nr: 18156674
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 16-49 773
DATE:	December 11, 2018
REMANDED
Entitlement to service connection for chronic acquired psychiatric condition, to include depression, anxiety and sexual behavior implications, is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the US Air Force from February 2010 to April 2010.
Entitlement to service connection for chronic acquired psychiatric condition, to include depression, anxiety and sexual behavior implications
The Veteran contends that she is entitled to service connection for acquired psychiatric condition, to include depression, anxiety, and sexual behavior implications.  The Veteran was released early from her active duty service obligations and discharged due to eczema.  However, the Veteran alleges in a statement to VA dated November 2015, that she was propositioned to give sexual favors in exchange for being allowed to stay in the military.  Further, the Veteran alleges in post service private treatment records dated July 2015 that she had panic attacks and would curl up into the fetal position while in service.
In support of her contentions, the Veteran has submitted her private treatment records and her military records.  However, the Veteran has not been afforded a VA examination to determine if her chronic acquired psychiatric condition, to include depression, anxiety and sexual behavior implications, was incurred during or as a result of service.  Therefore, remand for a VA examination is necessary prior to adjudication.  McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006).
The matter is REMANDED for the following action:
1. Give the Veteran the opportunity to identify treatment records that may be outstanding as only 2015 records are contained in the claims file.  Records either before, more proximate to service, or any other treatment records could be of assistance.  All attempts to obtain records should be documented in the claims file.
2. Ensure that the Veteran is scheduled for a VA examination by an appropriately qualified examiner with regard to any current acquired psychiatric condition. The claims file must be reviewed by the examiner and the examiner must note whether the claims file was reviewed. All indicated studies should be conducted, and all findings reported in detail.  The examiner is requested to address the following:
a. Identify all relevant psychiatric diagnoses.
b. Provide a medical opinion as to whether it is at least as likely as not (a 50 percent or greater probability) that any current acquired psychiatric condition was incurred in or caused by service.  The examiner must consider the Veteran’s report of in service panic attacks.
The examiner must support any and all opinions with a rationale.  If the examiner cannot provide any of the above opinions, the examiner is advised that he/she should explain why the requested opinion cannot be provided (i.e., because the limits of medical knowledge had been exhausted or because further information to assist in making the determination is needed, such as additional records and/or diagnostic studies.) If the examiner cannot provide the answer because further information is needed to assist in making the determination, all reasonable steps to obtain this missing information should be exhausted before concluding that the answer cannot be provided.
 
MICHAEL D. LYON
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	K. Scanlan, Associate Counsel