Citation Nr: 18160195 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 17-07 728 DATE: December 26, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), major depressive disorder, and generalized anxiety disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from July 1974 to July 1978. As an initial matter, the Board notes that it has broadened the scope of the Veteran's claim beyond a claim for service connection PTSD to include a claim any acquired psychiatric disability the Veteran has been diagnosed with during the pendency of the appeal. In Clemons v. Shinseki, 23 Vet. App. 1 (2009), the United States Court of Appeals for Veterans Claims (Court) clarified the scope of a claim on appeal by holding that when a claimant makes a claim, he/she is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. The Court in Clemons held that that the scope of a disability claim includes any disability that may reasonably be encompassed by the Veteran’s description of the claim, reported symptoms, and other information of record. Here, although the Veteran filed a claim for PTSD, the record reflects that he has also been diagnosed with other psychiatric disorders, including major depressive disorder and generalized anxiety disorder. Since the Veteran is seeking entitlement to service connection for his psychiatric symptoms, regardless of how they have been diagnosed, the Board has revised the Veteran's claim to encompass any acquired psychiatric disability, not just PTSD. Entitlement to service connection for an acquired psychiatric disability is remanded. The Veteran contends that he has psychiatric disability due to a number of incidents in service, including episodes of abuse and hazing by a superior directed at both the Veteran and other service members. Unfortunately, further development is required. The Veteran has reported receiving disability benefits from the Social Security Administration (SSA). A remand is required to allow VA to request these records. Additionally, it is unclear whether all relevant VA outpatient treatment have been associated with the Veteran’s claims folder. There are treatment records from August 2007 to May 2008, then a gap until February 2015. It is unclear whether there was simply an absence of VA treatment from 2008 to 2015 or if there are outstanding records that have not been obtained. Any VA treatment records are within VA’s constructive possession, and are considered potentially relevant to the issue on appeal. A remand is required to allow VA to obtain them. Finally, the Board notes that there is conflicting evidence regarding the cause of the Veteran’s current psychiatric disorders. The Veteran has contended that his current psychiatric problems are related to distressing incidents in service and has suggested that his treatment for alcohol problems in service was related to his alleged stressors. However, VA outpatient treatment records show that there are other potential causes of the Veteran’s symptoms/condition, including a 2007 traumatic brain injury, his post-service work as a law enforcement officer, and family and financial problems. A March 2016 Disability Benefits Questionairre received from the Veteran reflects a diagnosis for PTSD, but there was no indication as to whether this was due to an in-service stressor; also, diagnoses for major depressive disorder and generalized anxiety disorder were shown, but the etiology was not addressed. The Board cannot make a fully-informed decision on the issue of because a medical opinion has not been obtained on the etiology of any shown acquired psychiatric disorders. Accordingly, the matter is REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from August 2007 to the Present. 2. Obtain the Veteran’s federal records from the Social Security Administration (SSA). Document all requests for information as well as all responses in the claims file. 3. Schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any acquired psychiatric disability or disabilities. For each identified acquired psychiatric disability, the examiner must opine whether it is at least as likely as not related to an in-service injury, event, or disease, including the incident/events reported by the Veteran’s. 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 a verified in-service stressor. The examiner must opine whether the evidence of record, including the Veteran’s lay statements and the Veteran’s service records, corroborate the claim that a personal assault occurred in service (38 C.F.R. § 3.304(f)(5)). If the examiner finds that evidence indicates that a personal assault occurred during the Veteran’s active service, the examiner must opine whether any PTSD is at least as likely as not related to the in-service personal assault. 3. Readjudicate. C.A. SKOW Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. D. Anderson, Counsel