Citation Nr: 21001040 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 17-24 972 DATE: January 6, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and/or unspecified depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1971 to April 1972. He had further active duty service in the United States Navy from September 1974 to September 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Jackson, Mississippi. The Veteran testified before the undersigned Veterans Law Judge (VLJ) at an October 2020 Board virtual hearing. A transcript of that hearing has been associated with the claims file. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and/or unspecified depressive disorder, is remanded. The Veteran has repeatedly reported going to a VA hospital in California in 1972 whereupon he saw a psychiatrist who prescribed him Valium. The Board notes that the record contains no indication that any attempt to obtain any VA treatment records from 1972 have been made. Such, a remand is required to obtain this record. In a November 2016 statement in support of claim for PTSD, the Veteran stated that in 1971, he and another soldier were in a bunker on guard duty when 2 MOs began shooting flares above them. He stated that he placed a call using a field phone and was told to wait 5 minutes and the shoot the MPs if they did not stop firing flares. He then stated that a jeep pulled up and talked to the MPs, and they stopped shooting flares. In a November 2016 statement in support of claim for PTSD, the Veteran stated that in March 1972 he was on rest and relaxation in Vung Tau with a woman who took her to her home in a village where VC were present. He stated that the next morning he had to dress in "Vietnamese clothes" in order to get out. A remand is required to allow VA to attempt to corroborate the Veteran’s reported stressors. The Veteran was afforded a VA PTSD examination in December 2016. It was noted that the Veteran's symptoms do not meet the diagnostic criteria for PTSD under DSM-5 and a diagnosis of unspecified depressive disorder was noted. Regarding PTSD, it was noted that the Veteran did not meet criteria A, B, C, F, G, H or I. The examiner stated that the Veteran did not report a qualifying stressor, event, reexperiencing or avoidance, does not report enough negative alterations in cognition/mood or enough hyper arousal symptoms. The examiner then stated that there is no evidence that his mild depressive symptoms are related to or caused by his service. The Board notes that, regarding the claimed stressor of the Veteran finding himself in a village inhabited by Viet Cong, the examiner rejected it by stating that it is “not really related to hostile military activity.” The Board notes that this is an insufficient conclusory statement. In support of his claim, the Veteran submitted a July 23, 2019 VA Mental Health Diagnostic Study which showed that the Veteran scored 69 on the PCL-5, indicating the Veteran reported very severe PTSD symptoms. In a subsequent letter dated September 28, 2020, a doctor from the Tupelo CBOC stated the Veteran was being “treated for PTSD through trauma reported from military.” The Board notes that no specific trauma is mentioned, nor is it explained how each PTSD criteria is met. As such, these documents are inadequate to demonstrate the Veteran has PTSD related to his service. Based on the above, the Board finds that a remand is necessary to obtain a new VA examination to clarify the Veteran’s diagnoses and ascertain their etiology. The matters are REMANDED for the following action: 1. Attempt to corroborate the Veteran’s in-service stressor. If more details are needed, contact the Veteran to request the information. 2. Obtain the Veteran’s VA treatment records for the period from 1972 to the Present. If more details are needed, contact the Veteran to request the information. 3. After the Veteran’s reported stressors have been developed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD). 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, to include his reported stressors. 4. The examiner’s attention is invited to the September 24, 2020 letter from N. King, the Veteran's wife, who stated that they have been married since May 1976. She stated that he "was very volatile and slept with a revolver under his pillow." She then stated that during the first 2 years of their marriage he had many jobs but would "just quit and go hang out at a bar for a week before telling [her]" due to his temper. 5. After completing the requested actions, and any additional development deemed warranted, readjudicate the claims in light of all pertinent evidence and legal authority. If the benefits sought remain denied, furnish to the Veteran and his representative a Supplemental Statement of the Case and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. C. TRUEBA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Brian P. Keeley 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.