Citation Nr: 20032801 Decision Date: 05/11/20 Archive Date: 05/11/20 DOCKET NO. 16-12 887 DATE: May 11, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. Entitlement to a total disability rating based upon individual unemployability due to service-connected disability (TDIU) is remanded. REASONS FOR REMAND The appellant is a Veteran who served on active duty from December 1968 to August 1970, including service in the Republic of Vietnam from August 1969 to August 1970. This matter comes before the Board of Veterans' Appeals (Board) by order of the United States Court of Appeals for Veterans Claims (hereinafter “the Court”) in November 2019, which granted a joint motion for partial remand (JMPR) vacating a February 2019 Board decision and remanded the issues on appeal for additional development. The matter initially arose from an August 2009 rating decision by the Pittsburgh, Pennsylvania, Regional Office (RO) of the Department of Veterans Affairs (VA). 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. 2. Entitlement to a TDIU is remanded. In its November 2019 order the Court, in essence, found the Board had erroneously relied upon VA examinations in July 2009 and September 2015 that had not adequately considered a June 2009 report that determined that the Joint Services Records Research Center (JSRRC) had verified the Veteran’s PTSD stressor of exposure to mortar fire during service in Vietnam. It was further noted that the July 2009 and September 2015 VA examiners had provided diagnoses of depressive disorders without providing any rationale as to why the Veteran’s major depressive disorder was not related to service. The TDIU issue was found to be inextricably intertwined with the service connection issue on appeal. Therefore, additional development is required for adequate determinations. The matters are REMANDED for the following action: 1. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any acquired psychiatric disorder. The following questions should be addressed: a. Identify/diagnose any acquired psychiatric disorder that presently exists or that has existed during the appeal period. The examiner must specify whether the diagnostic criteria for a diagnosis of PTSD have been met. If a diagnosis of PTSD is not made, the missing criteria must be identified and discussed. b. If the Veteran is diagnosed with PTSD, the examiner must opine whether it is at least as likely as not related to a verified in-service stressor. The examiner must acknowledge the June 2009 JSRRC coordinator’s report verifying the Veteran’s exposure to mortar fire during service in Vietnam. c. 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. The examiner must reconcile any opinion provided with the diagnoses of major depressive disorder provided in the July 2009 and September 2015 VA examination reports. 2. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal, including the inextricably intertwined issue of entitlement to a TDIU. If the benefits sought are not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond. If necessary, return the case to the Board for further appellate review. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Douglas 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.