Citation Nr: 20004822 Decision Date: 01/23/20 Archive Date: 01/21/20 DOCKET NO. 16-28 551 DATE: January 23, 2020 ORDER New and material has been received to reopen the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. FINDINGS OF FACT 1. An unappealed June 2002 rating decision denied service connection for PTSD on the basis of a lack of current diagnosis. 2. Evidence received more than one year after that decision pertains to an unestablished fact needed to substantiate the claim. CONCLUSIONS OF LAW 1. The June 2002 Board decision denying service connection for a psychiatric disorder is final. 38 U.S.C. § 7105(c). 2. New and material evidence sufficient to reopen the claim of entitlement to service connection for a psychiatric disorder has been received. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from September 1966 to February 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of a VA Regional Office (RO). An unappealed June 2002 rating decision denied service connection for PTSD. Evidence received since that decision includes but is not limited to new private and VA treatment records, a July 2015 VA examination, and additional lay statements. As this additional evidence is new and pertains to the previously unestablished fact of a causal nexus with service, the claim is reopened. See 38 U.S.C. § 5108; 38 C.F.R. § 3.156(a). The reopened claim, addressed on remand, will be interpreted broadly to include all potential psychiatric disorders. See Clemons v. Shinseki, 23 Vet. App. 1, 4-5 (2009). REASONS FOR REMAND 1. Entitlement to service connection for an acquired psychiatric disorder is remanded. The Veteran asserts that he has incurred PTSD as a result of his active service. During the Veteran’s July 2015 VA examination, the VA examiner found that the Veteran did not meet the diagnostic criteria for a PTSD diagnosis but did meet the criteria for a diagnosis of depressive disorder. The examiner opined that the Veteran’s depression was less likely than not due to service. Post-service September 2018 VA treatment records reflect diagnoses for depression, anxiety, insomnia, and PTSD, with medication prescribed for treatment of these psychiatric conditions. It thus appears that the July 2015 VA examination may not represent an accurate assessment of the nature and etiology of any current psychiatric disorders. A new VA examination is necessary in this instance to clarify whether any such disorders are etiologically related to service, including the reported stressful incident. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matters are REMANDED for the following action: 1. Make efforts to obtain all outstanding medical records in accordance with the duties set forth in 38 C.F.R. § 3.159(c). 2. Perform any additional stressor development warranted based on the Veteran’s reports. Consideration should be given to the Veteran’s September 2015 statement in support of his claim, June 2016 Form 9 statement, and post-service VA treatment records. 3. After all development has been undertaken, schedule the Veteran for a VA examination with a psychiatrist or psychologist to determine the etiology of all psychiatric disorders, to include PTSD, if present. The entire claims file, including a copy of this remand, must be made available to and be reviewed by the examiner. Any indicated tests and studies must be accomplished, and all clinical findings must be reported in detail and correlated to a specific diagnosis. An explanation for all opinions expressed must be provided. The examiner must elicit from the Veteran a full history and/or description of his active service: (a) Identify all psychiatric disorders present during the pendency of the appeal. (b) For each non-PTSD psychiatric disorder diagnosed, provide an opinion regarding whether it is at least as likely as not (50 percent probability or higher) that each disorder had its onset in, or is otherwise related to, active service. (c) If stressor verification is accomplished and a diagnosis of PTSD is deemed appropriate, the examiner should also opine as to whether any of the identified stressor(s) are adequate to support the diagnosis of PTSD. (d) If stressor verification is not accomplished and a diagnosis of PTSD is deemed appropriate, the examiner is requested to provide an opinion as to whether it is at least as likely as not (a 50 percent probability or higher) that the Veteran exhibited symptoms and behaviors consistent with behavioral changes expected to follow from the claimed incidents, and if so, whether PTSD is related to the reported incidents. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Hicks, 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.