Citation Nr: 19115294
Decision Date: 03/01/19	Archive Date: 03/01/19

DOCKET NO. 18-23 575
DATE:	March 1, 2019

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is REMANDED.

REASONS FOR REMAND

The Veteran served honorably in the United States Coast Guard from January 1953 to December 1956.  

Upon review of the record, the Board concludes that further evidentiary development is necessary.  Although the Board sincerely regrets this delay and is appreciative of the Veteran’s service to his country, a remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing his claim prior to final adjudication.

1. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

The Veteran was afforded a March 2012 VA PTSD examination.  At that time, the Veteran was diagnosed with a depressive disorder and the examiner noted that the Veteran’s symptoms did not meet the diagnostic criteria for a diagnosis of PTSD.  Subsequent VA treatment records show that the Veteran had received psychotherapy for PTSD and diagnosed with PTSD by a VA social worker in May 2018.  On remand, the Veteran should be afforded an examination to determine whether he currently has PTSD, and if so, whether his PTSD is related to military service.  

Consequently, the matter is REMANDED to the AOJ for the following action:

1. Contact the Veteran, and, with his assistance, identify any outstanding evidence or records of pertinent medical treatment from VA, Federal, or private health care providers. With the Veteran’s assistance obtain copies of any pertinent records and add them to the claims file.  Follow the procedures for obtaining the records set forth by 38 C.F.R. § 3.159 (c). If VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified in accordance with 38 C.F.R. § 3.159 (e).

2. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any current acquired psychiatric disorder to include posttraumatic stress disorder (PTSD).  If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and identify the stressor(s) upon which the diagnosis of PTSD is based.  

To the extent that the Veteran claimed stressor is based on an in-service personal assault, the examiner must opine whether the evidence of record, including the Veteran’s lay statements, statements made by his fellow shipmates and family members, 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.  

If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease. 



 

DAVID L. WIGHT

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	RLBJ, Associate Counsel