Citation Nr: 18161185 Decision Date: 12/28/18 Archive Date: 12/28/18 DOCKET NO. 15-10 292 DATE: December 28, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), to include as due to military sexual trauma, is remanded. REASONS FOR REMAND The Veteran had active military service from December 1978 to December 1981. This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York. Service Connection – Acquired Psychiatric Disability The Board finds that additional development is required prior to adjudicating the Veteran’s claim on appeal. The Board notes that the Veteran has consistently asserted that she has PTSD as a result of her active service. In that regard, she stated that she has PTSD as a result of military sexual trauma, to include rape by a fellow soldier and sexual harassment. A review of the record shows that the Veteran has continuing treatment for PTSD, and has repeatedly asserted claims of military sexual trauma, to include rape. Further, the Board notes that the evidence of record indicates the Veteran’s PTSD may have pre-existed her active service. In that regard, the Veteran has asserted she was sexually abused and experienced domestic violence during her childhood. In light of the Veteran’s statements and her current diagnosis of PTSD, the Board concludes that the Veteran should be afforded a VA examination to determine the nature and etiology of any current present acquired psychiatric disability. McLendon v. Nicholson, 20 Vet. App. 79 (2006). Additionally, current treatment records should be identified and obtained before a decision is made with regard to the issue on appeal. The matter is REMANDED for the following action: 1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 2. Then, schedule the Veteran for a VA examination by a psychiatrist or psychologist to determine the nature and etiology of any currently present psychiatric disabilities. The claims file must be made available to, and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and a review of the record, the examiner should provide an opinion as to whether it is at least as likely as not that the Veteran experienced in-service military sexual trauma. Then, the examiner should identify all psychiatric disabilities present during the pendency of the appeal, or proximate thereto. The examiner should provide an opinion as to whether any diagnosed psychiatric disability clearly and unmistakably existed prior to the Veteran’s active service, and if so, was such disability clearly and unmistakable NOT aggravated by active service. The examiner must note that the Veteran’s lay statements alone are not a sufficient basis upon which to base a finding that the Veteran had a psychiatric disability prior to her active service. For any psychiatric disability NOT found to clearly and unmistakably exist prior to the Veteran’s active service, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that such psychiatric disability had its onset during active service, or was etiologically related to the Veteran’s active service, to include any reports of military sexual trauma found by the VA examiner to have occurred as described. The rationale for all opinions expressed must be provided. 3. Confirm that the VA examination report and any medical opinions provided comport with this remand and undertake any other development determined to be warranted. 4. Then, readjudicate the remaining claim on appeal. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs