Citation Nr: 20003577 Decision Date: 01/15/20 Archive Date: 01/15/20 DOCKET NO. 16-62 169 DATE: January 15, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from September 1973 to December 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In July 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. At such time, he waived Agency of Original Jurisdiction (AOJ) consideration of the evidence associated with the record since the issuance of the November 2016 statement of the case. 38 C.F.R. § 20.1304(c). Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. The Veteran contends that he has a current acquired psychiatric disorder as a result of traumatizing incidents that occurred during his military service. In this regard, he reported that, while serving in Korea, he witnessed the death of another service member who had his throat cut and saw a hooch burned down. The Veteran further alleges that, while stationed with Company B, 1st Battalion,10th Infantry at Fort Carson in Colorado after returning from Korea, he was subjected to a longstanding pattern of harassment and racial bias, to include being demoted in rank, prohibited from wearing his ribbons and medals that he earned in Korea, and denied leave to see his spouse and new baby, which led to instances of misconduct, to include being absent without leave (AWOL), and an involuntary extension of approximately 45 days. He also reports that he began drinking in service and experienced psychiatric symptoms since such time. In this regard, the Veteran’s service personnel records reflect that he was stationed in Korea from February 1974 to February 1975, during which time he was AWOL overnight in February 1974 and disobeyed a lawful order in November 1974. However, after his reassignment to Company B, 1st Battalion,10th Infantry at Fort Carson, Colorado, he was AWOL from May 4-9, 1976; June 21-23 and 25-28, 1976; July 21-25, 1976; and September 9-26, 1976; disobeyed a lawful order in March 1976; and, due to such infractions, was reduced in rank in June 1976. Such also reflect that he was involuntarily extended for 43 days. Additionally, post-service VA treatment reflect a diagnosis of depression as of September 2015, which was recharacterized as major depression in August 2017. However, such do not reflect the basis of such diagnosis; rather, they only note that he had difficulty focusing on the present due to regrets in his past and was struggling with daily demands. Therefore, in light of the foregoing, the Board finds that a remand is necessary in order to attempt to verify the Veteran’s reported stressors regarding the death of another service member who had his throat cut, which he indicated occurred soon after his arrival in country, i.e., in approximately February or March 1974, and witnessing a hooch burning down while he was stationed with Company C, 1st Battalion, 38th Infantry, 2nd Infantry Division in Korea. Specifically, after obtaining any necessary details from the Veteran, the AOJ should attempt to verify such stressors through any appropriate entity, to include Joint Services Records Research Center (JSRRC). Thereafter, he should be afforded a VA examination so as to determine the nature and etiology of his claimed acquired psychiatric disorder, to include whether such is related to a verified in-service event or his reported in-service harassment and racial bias. The matter is REMANDED for the following action: 1. After obtaining any necessary information from the Veteran, contact any appropriate entity, to include JSRRC, in order to attempt to verify the Veteran’s claimed stressors regarding the death of another service member who had his throat cut, which occurred soon after his arrival in country, i.e., in approximately February or March 1974, and witnessing a hooch burning down while he was stationed with Company C, 1st Battalion, 38th Infantry, 2nd Infantry Division in Korea. All efforts to verify such stressor should be documented. 2. After completion of the foregoing development, schedule the Veteran for an appropriate VA examination to determine the nature and etiology of his claimed acquired psychiatric disorder. The record, to include a copy of this Remand, must be made available to the examiner. Any indicated evaluations, studies, and tests should be conducted. (A) Identify all the Veteran’s acquired psychiatric disorders that meet the DSM-5 criteria. In this regard, the examiner should specifically address whether the Veteran has PTSD, and/or major depression, as shown by the treatment records during the pendency of the claim. (B) If a diagnosis of PTSD is rendered, the examiner should offer an opinion as to whether such is at least as likely as not (i.e., a 50 percent or greater probability) the result of a verified in-service stressor or related to the Veteran’s reports of harassment and racial bias while stationed at Fort Carson beginning in February 1975, which are considered to be personal assaults. In this respect, the examiner should consult the record in order to determine whether the Veteran’s claimed stressors regarding the death of another service member who had his throat cut and witnessing a hooch burning down has been verified by the AOJ. The examiner should not provide a speculative opinion on an unverified stressor. With regard to the Veteran’s reports of harassment and racial bias during service, the examiner should identify any markers or behavior changes that suggest such personal assaults occurred, to include his periods of AWOL, failure to obey a lawful order, reduction in rank, involuntary extension of his service for 43 days, and his report of using alcohol. (C) For each currently diagnosed acquired psychiatric disorder other than PTSD, to include major depression, the examiner should offer an opinion as to whether it is at least as likely as not that (i.e., a 50 percent or greater probability) any such disorder had its onset in, or is otherwise related to, the Veteran’s military service, to include the aforementioned incidents (if verified) and/or his reports of harassment and racial bias. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Waite 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.