Citation Nr: 18119697 Decision Date: 07/19/18 Archive Date: 07/19/18 DOCKET NO. 15-08 077 DATE: July 19, 2018 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND 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 veteran’s description of the claim, the symptoms the veteran describes and the information the veteran 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 claim for service connection for PTSD pursuant to Clemons and re-characterized it as shown on the cover page of this decision. The Veteran was afforded an examination for his PTSD in June 2014. The examiner opined the Veteran did not meet the criteria for PTSD. At his June 2018 video conference hearing before the undersigned Veterans Law Judge, the Veteran reported that while serving on a boat in Vietnam, he and his fellow service mates were ambushed. Some men died and others were extensively injured. Shortly after this event, the Veteran separated from service and returned home where he was short-tempered, angry, and verbally abusive towards his wife. The Veteran reported his symptoms have continued to the present. Also at his hearing, the Veteran reported that at the time of his June 2014 examination, he was in denial about his mental health condition and did not tell the examiner everything related to those conditions. The Veteran asserted that if he had fully disclosed everything, the result of the examination would have been different and that he is now ready and able to give a full report of his mental health. The Board also notes the Veteran has not been evaluated for any other mental health disabilities. Based on the above, the Board finds a new examination for the Veteran’s mental health is warranted. McLendon v. Nicholson, 20 Vet. App. 79 (2006), Barr v. Nicholson, 21 Vet. App. 303 (2007). In a further effort to substantiate the Veteran’s reported stressors, an additional effort should also be made to obtain information from the Veteran and the ship logs for the ships identified by the Veteran at his Board hearing on June 21, 2018. The matter is REMANDED for the following action: 1. The RO should obtain any and all outstanding medical records from the Veteran and associate them with the claims file. 2. Invite the Veteran to submit additional statements regarding details of the PTSD in-service stressors and his mental health in general, including which ship he was attached to when he was on the patrol boat that was attacked in the waters of Vietnam on January 18, 1969. 3. Regardless of whether further information is supplied by the Veteran in response to#2, take appropriate steps to obtain the ships’ logs for the month of January 1969 for the USS Union, AK-106, Astabula AO-51, Swift Board Coastal Division 50. 4. Complete any development necessary based on the Veteran’s responses to #2 and #3, including contacting the Joint Service Records Research Center (JSRRC) or the appropriate records custodian for information to corroborate the Veteran’s reported stressors. 5. If it is not possible to corroborate the Veteran’s stressors, the AOJ should enter a formal finding on a lack of information required to verify the stressors and outlining all efforts to corroborate the stressors. 6. Schedule the Veteran for VA examination. The examiner should offer an opinion as to whether the Veteran has a diagnosis of PTSD or any other mental health disability. If the examiner finds the Veteran has a diagnosed mental health disability, the examiner should opine as to the following: (a) Whether it is at least as likely as not (a degree of probability of 50 percent or higher) the mental health disability had its onset during, or is otherwise related to the Veteran’s military service. (b) Whether it is at least as likely as not (a degree of probability of 50 percent or higher) the mental health disability manifested within one year of separation from service. (c) Whether it is at least as likely as not (a degree of probability of 50 percent or higher) the Veteran’s mental health disability is proximately due to or aggravated by any of his service connected disabilities. If the examiner determines the Veteran does not have a current mental health diagnosis, the examiner should state the negative finding. The examiner should provide a complete rationale for any opinion provided. 7. Readjudicate the claim on appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Snoparsky, Associate Counsel