Citation Nr: 20004658 Decision Date: 01/23/20 Archive Date: 01/21/20 DOCKET NO. 16-50 342 DATE: January 23, 2020 REMANDED Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD) and other specified trauma- and stressor-related disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from June 1982 to May 1986, to include participation in contingency operations in Beirut, Lebanon, from September 12, 1983, to October 10, 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned in September 2019. The issue of entitlement to service connection for PTSD has been recharacterized as service connection for a psychiatric disorder in accordance with Clemons v. Shinseki, 23 Vet. App. 1 (2009). During his September 2019 hearing before the Board, the Veteran testified that his current psychiatric disorder is related to being shot at while stationed in Beirut, Lebanon, from September 12, 1983, to October 10, 1983. The Veteran acknowledged that he was not in Beirut on the day of the bombing, October 23, 1983, but testified that he continues to be affected by his experiences while serving in Lebanon. He further testified that he first noticed psychiatric symptoms in 2005 and that he continues to receive mental health treatment. The evidence indicates that there may be outstanding VA and private medical records. In this regard, the Veteran testified that he has been in receipt of regular mental health treatment, but records of VA treatment are only current through July 2015 and records of private treatment are only current through February 2015. Relevant statutory and regulatory provisions emphasize the importance of obtaining VA records as part of the duty to assist. See 38 U.S.C. § 5103A(c)(2); 38 C.F.R. § 3.159 (c)(2); see also Bell v. Derwinski, 2 Vet. App. 611 (1992); Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016). Consequently, the Board concludes that it must remand this case in order to obtain any such records. Reexamination is also needed to address the nature and etiology of any current psychiatric disorder in light of the Veteran’s testimony and any additional treatment records. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from July 2015 to present. 2. Ask the Veteran to complete a VA Form 21-4142 for any private clinician[s] that have treated his claimed psychiatric disorder. Make two requests for the authorized records, unless it is clear after the first request that a second request would be futile. 3. Then, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any current psychiatric disorder found to be present. A diagnosis of PTSD must be ruled in or excluded. The examiner must also state whether the Veteran has a diagnosis of other specified trauma- and stressor-related disorder (see March 2015 VA examination report). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. 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. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joshua R. Castillo 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.