Citation Nr: 20002201 Decision Date: 01/09/20 Archive Date: 01/09/20 DOCKET NO. 14-22 409 DATE: January 9, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD is remanded. REASONS FOR REMAND The Veteran served on active duty from November 1965 to March 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter was last before the Board in March 2016, when it was remanded for further development. In accordance with the prior remand directives, an addendum opinion was obtained in May 2016. Nevertheless, that opinion is not fully responsive to the remand directives. Specifically, the examiner did not adequately address whether any of the diagnosed conditions manifested in service or are otherwise related to service. Additionally, the Veteran’s service mental health records were not requested. The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for an acquired psychiatric disorder, to include PTSD is remanded. The Veteran contends that his PTSD is related to service. At his February 2014 VA examination, the Veteran reported that he has continued to experience panic attacks and nightmares after he witnessed a soldier die on a stretcher in service. Service treatment records (STRs) shows that the Veteran went for mental health consultation in March 1968, April 1968 and on January 1969. During the February 1969 separation examination, the Veteran reported “feeling pretty run down”, experiencing soaking sweat and nightmares, frequent trouble sleeping and feeling depressed. The Board notes that both the February 2014 and April 2016 VA examiners failed to adequately address these in-service incidents. Accordingly, a new VA examination is warranted to address whether any currently diagnosed psychiatric condition is related to service. Additionally, the AOJ should contact the appropriate location to request records of all mental health treatment and evaluations that the Veteran received during service, as requested in the prior Board remand. The matter is REMANDED for the following actions: 1. The AOJ should contact the appropriate location to request records of all mental health treatment and evaluations (mental health jacket) that the Veteran received during his period of service from November 1965 to March 1969. The AOJ is advised that a generic request for service treatment records related to this period of service will not suffice. A specific request should be made for the mental health records. 2. Thereafter, schedule the Veteran for a VA examination. The claims file should be reviewed by the examiner in conjunction with the examination. All indicated tests should be conducted, and the results reported. After reviewing the claims file and examining the Veteran, the examiner should identify all psychiatric disorders present and respond to the following: (a) Does the Veteran meet the diagnostic criteria for PTSD? Please explain why or why not. In rendering the diagnosis, the examiner is asked to consider and/or reconcile treatment records indicating a PTSD diagnosis and treatment. (b) For any diagnosed psychiatric disorder, other than PTSD, opine whether it is at least as likely as not (50 percent probability or greater) that the condition arose during service or is otherwise related to service, to include his service in Vietnam. Please explain why or why not. If the examiner cannot provide an opinion without resorting to speculation, the reason an opinion cannot be provided should be explained. A rationale should be provided for the opinions expressed. A.M. CLARK Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Asare, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.