Citation Nr: 18157130 Decision Date: 12/11/18 Archive Date: 12/11/18 DOCKET NO. 16-57 687 DATE: December 11, 2018 REMANDED Service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and anxiety is remanded.   REASONS FOR REMAND The Veteran served on active duty from June 1978 to June 1981. This case is on appeal from an August 2015 rating decision. The Board finds that a September 2015 notice of disagreement (NOD) includes the psychiatric disorder claim. Although there is some question as to whether the issue was included, as it was also crossed out, give the subsequent filings and disagreement with the denial of this issue, the Board considers the August 2015 rating decision as the decision on appeal rather than a later April 2016 rating decision that re-addresses the claim. Service connection for psychiatric disorder, to include PTSD, MDD, and anxiety. The Veteran is seeking service connection for PTSD, which he contends is due to his military service. With regard to a diagnosis, the Veteran’s post-service VA treatment records show that he has been diagnosed with MDD, anxiety, and PTSD. In addition, a private psychologist, R.H., Psy. D, diagnosed the Veteran with chronic PTSD and MDD based on criteria from the DSM-IV in a psychological evaluation provided to VA in September 2015. Relating to the occurrence of an in-service stressor, the Veteran asserts that while he was in service he was subjected to bullying and harassment due to his race, and that he suffered two in-service personal assaults by Neo-Nazis while he was stationed in Germany. The private psychological evaluation by R.H. does not explicitly address the reported personal assaults, but does state that the Veteran “recited numerous traumatic events.” The Board finds that there is insufficient evidence to establish the occurrence of an in-service stressor. If a PTSD claim is based on an in-service personal assault, medical opinion evidence may be submitted for use in determining whether the occurrence of a stressor is corroborated. Menegassi v. Shinseki, 638 F.3d 1379, 1382 (Fed. Cir. 2011). Specifically, 38 C.F.R. § 3.304(f)(5), allows veterans claiming PTSD from an in-service military assault to submit evidence other than in-service medical records to corroborate the occurrence of a stressor, and this includes medical opinion evidence. Id. As the evidence supports that the Veteran may suffer from PTSD, and potentially other psychiatric disorders, which may be related to an in-service stressor, the evidence currently meets the low threshold for obtaining a VA examination as to the psychiatric issue. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). In light of the remand, any outstanding VA records should be obtained. The matter is REMANDED for the following action: 1. Obtain updated VA treatment records dated since April 2018. 2. Schedule the Veteran for a VA psychiatric examination. The claims file should be made available to the examiner for review and any indicated testing should be done. The examiner should first identify whether the Veteran has a psychiatric disorder(s), including specifically PTSD. If PTSD is not diagnosed, it should be explained why this is so. If PTSD is diagnosed, identify the stressor(s) upon which the diagnosis is based. This should include an opinion as to whether the in-service stressor is adequate to support a diagnosis of PTSD and whether the Veteran’s symptoms are related to that claimed stressor. In doing so, the examiner should provide an opinion as to whether it is at least as likely as not that the claimed in-service assaults and harassment occurred. For any diagnosis other than PTSD, is it at least as likely as not (i.e., at least equally probable) that the disorder had its onset directly during, or is otherwise related to, the Veteran’s service? A complete rationale or explanation should be provided for any opinion reached. The private psychological evaluation should be considered. Ryan T. Kessel Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Gray