Citation Nr: 18159586 Decision Date: 12/20/18 Archive Date: 12/19/18 DOCKET NO. 16-63 446 DATE: December 20, 2018 REMANDED Entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from October 1975 to October 1980. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision. Entitlement to service connection for a psychiatric disability, to include PTSD. The appellant seeks service connection for a psychiatric disability (to include PTSD) that she alleges arose from sexual harassment to which she was subjected in service. Specifically, she relates that her service in Europe included work in an environment hostile to female service-members (which included spreading of unfounded rumors that she was a prostitute which damaged her reputation and diminished the respect she was afforded). The rating decision on appeal appears to have conceded occurrence of the alleged stressor, but denied the claim on the basis that the claimed PTSD was not diagnosed. In November 2017 the Veteran’s representative submitted on her behalf a report of a July 2017 private medical examination and an October 2017 statement from the Veteran describing her stressor in service, and stated that she was not waiving agency of original jurisdiction (AOJ) initial consideration of that evidence. Due process considerations therefore require remand of this matter to afford the AOJ initial consideration of the evidence submitted. See 38 C.F.R. §§ 19.9 (a), 19.31. Furthermore, there is conflicting medical evidence in the record regarding the nature and etiology of the Veteran’s psychiatric disability. On VA examination the provider found the Veteran did not meet either the DSM IV or the DSM-V criteria for a diagnosis of PTSD, and found that she had an adjustment disorder with depressed mood related primarily to a recent move from Europe to Arizona. On private evaluation by a licensed counselor (co-signed by a psychologist) the diagnoses were major depression and PTSD, and were attributed to sexual harassment in service. Treatment records show the Veteran was receiving treatment for depression. An examination to reconcile the conflicting evidence regarding the nature and etiology of the Veteran’s psychiatric disability is necessary. The matter is REMANDED for the following: 1. The AOJ should arrange for the Veteran to be examined by an appropriate psychologist or psychiatrist to ascertain the nature and likely etiology of her psychiatric disability/ies. The Veteran’s entire record (to include this remand, the Veteran’s October 2017 statement, the July 2017 private medical opinion, and the prior VA examination report must be reviewed by the examiner in connection with the examination). On examination and interview of the Veteran and review of her record, the examiner should provide opinions that respond to the following: a. Please identify (by diagnosis) each psychiatric disability entity found (or shown by the record during the pendency of the instant claim), indicating regarding each diagnosed entity whether it is a chronic acquired psychiatric disability. Specifically, does she have a diagnosis of PTSD due to military sexual trauma? If PTSD is not diagnosed, identify the criteria for such diagnosis found lacking. b. Identify the likely etiology for each chronic acquired psychiatric disability diagnosed. Is it at least as likely as not (i.e., a 50% or better probability) that it is related to the Veteran’s service (and the reported events therein)? The examiner must include rationale with all opinions. The rationale should include comment on the various psychiatric diagnoses in the record (express, with rationale that cites to supporting factual data and medical text, agreement or disagreement with each, in particular the findings in the July 2017 private examination report). GEORGE R. SENYK Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Staskowski, Associate Counsel