Citation Nr: 18159861
Decision Date: 12/20/18	Archive Date: 12/20/18

DOCKET NO. 17-27 967
DATE:	December 20, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, claimed as posttraumatic stress disorder (PTSD), is remanded.
REASONS FOR REMAND
The Veteran served on active duty in the Air Force from May 1971 to June 1979.
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).
In disability compensation claims, the Secretary must provide a VA medical opinion when (1) there is competent lay or medical evidence of a current diagnosed disability or persistent or recurrent symptoms of a disability (2) the evidence establishes that the veteran suffered an event, injury, or disease in service…and (3) evidence indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or with another service-connected disability.  38 C.F.R. § 3.159(c)(4).
The Veteran claims that he has PTSD as a result of incarceration imposed by a Special Court Martial.  The Veteran filed a claim for service connection for PTSD in March 2014.  On this form, he claims that “while in jail I was in constant fear of my life from other inmates...I should not have been locked up with hardened criminals.”  During a March 2017 follow-up appointment with a psychiatrist, the Veteran stated that he was assaulted with an iron while in jail and that specific act caused his PTSD.  A Board hearing was held in November 2018.  During the hearing he indicated that the source of his PTSD was that he was always fighting with another inmate, specifically claiming fights took place every day for three months.  He also claimed prison officials did not do anything about the fighting.
Although the Veteran has expressed possible in-service events, the record is inconclusive regarding a current diagnosis of PTSD.  Medical history notes from March 2018 state that PTSD was diagnosed in October 2015, but records currently associated with the file from October 2015, which include a record of mental health treatment, do not show a diagnosis of PTSD.  In addition, a March 2017 medical record indicates treatment for PTSD, but the file does not indicate whether the diagnosis is related to any confirmed in-service events.  A VA examination is necessary to evaluate the current nature and etiology of the claimed PTSD condition.
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records.
2. Attempt to confirm the Veteran’s reported in-service stressors—including fights and being hit with an iron while imprisoned. 
3. Schedule the Veteran for a VA examination with an appropriate examiner to determine the current nature and etiology of the Veteran’s claimed acquired psychiatric disorder.
The examiner is asked to address the following:
a) Provide an opinion as to whether the Veteran has a current diagnosis of any acquired psychiatric disorder.
b) If the Veteran’s has a diagnosis of a current acquired psychiatric disorder, provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s disorder is etiologically related to, or had its onset during the Veteran’s active service—including any confirmed in-service stressors.
A complete rationale for all opinions should be provided.
 
H.M. WALKER
Veterans Law Judge
Board of Veterans’ Appeals
J. Jack, Law Clerk	Department of Veterans Affairs