Citation Nr: 18157348 Decision Date: 12/12/18 Archive Date: 12/12/18 DOCKET NO. 17-01 195 DATE: December 12, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1972 to July 1978. This matter comes before the Board of Veterans’ Appeals (Board) from an October 2014 rating decision. A claim for service connection for a mental disability may encompass claims for service connection of any mental disability that may reasonably be encompassed by several factors, including the claimant’s description of the claim, the symptoms the claimant describes and the information the claimant submits or that the Secretary obtains in support of the claim. Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009). Accordingly, the Board has taken an expansive view of the Veteran’s claim for service connection for PTSD pursuant to Clemons and recharacterized it as entitlement to service connection for an acquired psychiatric disability. Entitlement to service connection for an acquired psychiatric disorder, to include depression and PTSD. The Veteran contends that his PTSD is related to his service. The Veteran contends that he experienced two in-service stressors. In February 2013, the Veteran’s private therapist indicated that the Veteran had symptoms of PTSD, severe depression, and chronic insomnia. The Veteran’s VA treatment records indicate that the Veteran had a history of major depression disorder and PTSD. The Veteran stated that he provided testimony in a racially motivated attempted murder against a fellow serviceman and that he was attacked due to his testimony. The Veteran also stated that while a medic in-service, he responded to a tanker explosion, which involved witnessing death and major injuries. The Board notes that the United States Army and the Joint Service Research Center found that the reported stressors could not be verified. However, lending credibility to the Veteran’s assertion that he was attacked due to his testimony is a service treatment note in January 1973 indicated that the Veteran was in a fight and was struck with a belt buckle on his head. The Veteran’s service treatment records also note the Veteran went to the hospital and stated that he was attacked by two people at knifepoint in August 1972. As there is evidence of an in-service stressor of being attacked in service, the Board finds that the Veteran must be afforded a VA examination to determine whether this stressor is etiologically related to any diagnosed PTSD. Further, the Veteran’s service treatment records indicate that he received mental health treatment including alcohol abuse rehabilitation while in service. The personnel records indicate that in July 1978, the Veteran’s commander stated that due to the Veteran’s “depression” the Veteran should receive immediate psychological care and as a result was hospitalized. As such the Board finds that upon examination the examiner must also opine as to whether any psychiatric disability is related to his in-service treatment and reported depression. The matter is REMANDED for the following action: 1. Obtain any updated VA treatment records. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any acquired psychiatric disorders. The examiner must opine as to the following: (a.) Identify any current acquired psychiatric disorder(s) to include, depression, and/or PTSD, if appropriate. (b.) For each acquired psychiatric disorder diagnosed the examiner must opine as to whether the disorder is at least as likely as not related to an in-service injury, event, or disease, to include: i. Whether it is etiologically related to any in-service psychiatric disorder for which the Veteran was treated, taking note that the Veteran’s commander hospitalized the Veteran due what he called the Veteran’s depression. ii. The Veteran’s claim that he responded to a tanker explosion where he witnessed injuries and death. iii. The Veteran’s claim he testified in a murder trial and he was attacked for his testimony. The examiner should take note that the Veteran’s service treatment records indicate the Veteran was involved in a fight where he was hit on the head with a belt buckle and was attacked at knifepoint. (c.) If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to the stressor of being attacked in service. (d.) A full and complete rationale must be provided for all expressed opinions. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Robert Batten, Associate Counsel