Citation Nr: 19129255
Decision Date: 04/16/19	Archive Date: 04/15/19

DOCKET NO. 13-20 262
DATE:	April 16, 2019

REMANDED

Entitlement to service connection for an acquired psychiatric disorder.

Entitlement to service connection for a sleep disorder, to include as secondary to an acquired psychiatric disorder, is remanded.

REASONS FOR REMAND

The Veteran had active service from March 2002 to March 2005, to include service in Southwest Asia.  In connection with this appeal, the Veteran testified at a hearing before the undersigned in July 2017.  A transcript of that hearing is of record.

In January 2019, the RO granted service connection for a lumbar spine disability and bilateral shin splints.  This represents a complete grant of his appeal in regard to these claims.  See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997).  As such, these issues are no longer before the Board.  

This case must be remanded again for compliance with the Board’s prior August 2017 remand.  See Stegall v. West, 11 Vet. App. 268 (1998).

In August 2017, the Board remanded the claims to obtain outstanding treatment records and for a VA examination.  While the Veteran was afforded a VA examination in August 2018, the VA examiner did not address the Veteran’s assertions of military sexual trauma.  In addition, the VA examiner did not address the Veteran’s treatment records that show Axis I diagnoses of posttraumatic stress disorder (PTSD) and depressive disorder.  As such, the claim must be remanded for a new VA examination.

Regarding the Veteran’s service connection claim for a sleep disorder, as the August 2018 VA examination did not comply with the August 2017 Board remand, this claim must also be remanded for a new examination.

The matters are REMANDED for the following action:

1. Obtain any outstanding VA treatment records or private treatment records.

2. Schedule the Veteran for a VA psychiatric examination, with a psychiatrist or psychologist.  The examiner should diagnose any current Axis-I psychiatric disability and should offer the following opinion:  Is it at least as likely as not (50 percent or greater) that any current acquired psychiatric disorder, to include PTSD and/or depressive disorder, either began during or was otherwise caused by the Veteran’s active service.  Why or why not?

In so doing, the examiner should review the Veteran’s testimony and lay statements that his acquired psychiatric disorder is due to military sexual trauma experienced during his active service.

If a diagnosis of PTSD is not found to be warranted, the examiner should specifically explain what criteria are not met and should explain why the diagnosis of PTSD that was rendered by the Veteran’s treating physician is not considered to be accurate.

3. Schedule the Veteran for a VA examination to determine the nature and likely etiology of any sleep disorder.  The examiner should provide opinions responding to the following:

a. Is it at least as likely as not (50 percent or greater probability) that any sleep disorder was caused by a service-connected disability?  Why or why not?

b. Is it at least as likely as not (50 percent or greater probability) that any sleep disorder was aggravated (i.e. made worse) by a service-connected disability?  Why or why not?

 

THOMAS H. O'SHAY

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	T. Berryman, Counsel