Citation Nr: 18129663
Decision Date: 08/27/18	Archive Date: 08/27/18

DOCKET NO. 15-34 076
DATE:	August 27, 2018
REMANDED
Entitlement to service connection for a psychiatric disability, to include post-traumatic stress disorder (PTSD), is remanded.
REASONS FOR REMAND
1. Entitlement to service connection for a psychiatric disability, to include PTSD.
Although further delay is regrettable, the claim must be remanded for further development.  Where VA provides an examination or obtains an opinion, it must be adequate.  Barr v. Nicholson, 21 Vet. App. 303 (2007).
In December 2011, a VA examiner opined the Veteran did not meet the diagnostic criteria for PTSD.  Specifically, that the Veteran did not present with enough symptoms, at least 3 were required, to satisfy Criterion C for persistent avoidance of stimuli associated with the trauma in service.  The only symptoms noted by the examiner in Criterion C were efforts to avoid activities, places, or people that arouse recollections of the trauma.
In the comments section, the examiner noted that the Veteran no longer camped, and avoided crowds and conversations with people, as the Veteran could not relate to other people.  However, the examiner did not explain how those symptoms were not indicative of a diminished interest in activities or detachment from others, as specified in Criterion C.
Additionally, the examiner opined that other psychiatric disabilities were present, but did not provide etiologies or opine if they were related to or caused by service.
Moreover, the Board finds evidence of assessments of PTSD, but the opinions lack the criterion required for a diagnosis in accordance with the Diagnostic and Statistical Manual of Mental Disorders (DSM), of the American Psychiatric Association.  38 C.F.R. § 3.304(f), 4.125(a).
Accordingly, the Board finds that remand is necessary for additional medical opinion.
Lastly, the Board finds that the record contains credible supporting evidence that the claimed in-service stressor occurred.  Service records show that the Veteran’s unit was rocketed and mortared by the enemy during combat, and one of the Veteran’s claimed stressors is related to that combat.  Additionally, the Veteran’s lay statements are consistent with the circumstances and conditions of the Veteran’s service in Vietnam.  Accordingly, the Board finds that the Veteran’s lay statements, together with service records, are sufficient to establish the occurrence of the claimed in-service since there is no clear and convincing evidence to the contrary.  38 C.F.R. § 3.304(f).
The matter is REMANDED for the following action:
1. Schedule the Veteran for a VA examination with a psychologist or psychiatrist who has not previously examined the Veteran in conjunction with this claim.  The examiner should review the claims file, to include the Veteran’s statements and the evidence cited in this remand, and should note that review in the report.  The examiner should provide the following information:
(a)  Confirm that the examiner is a psychologist or psychiatrist who has not previously examined the Veteran in conjunction with this claim.
(b)  Diagnose all mental disorders found.  Specifically state whether or not the Veteran meets each criterion for a diagnosis of PTSD pursuant to DSM-V.  If the Veteran does not meet a required diagnostic criterion, the examiner should state a rationale for that finding.
(c)  Opine whether it is at least as likely as not (50 percent or greater probability) that a diagnosis of PTSD is related to service, to include the Veteran’s claimed stressors.  The opinion should be supported by sufficient reasoning.
(d)  For each mental disorder found other than PTSD, opine whether it is at least as likely as not (50 percent or greater probability) that each mental disorder is related to service or was caused by any aspect of service.
 
Harvey P. Roberts
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Thaddaeus J. Cox, Associate Counsel