Citation Nr: 21001073 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 190211-7722 DATE: January 7, 2021 REMANDED The claim for service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) (also claimed as anxiety and depression) is remanded. REASONS FOR REMAND The Veteran had active duty service from March 1964 to February 1966. This case is being reviewed according to the appellate process set forth under the Veterans Appeals Improvement and Modernization Act of 2017 (hereinafter the “Appeals Modernization Act” (AMA)). The Board considers the matter per the Evidence Docket, according to which there is the opportunity to forward additional evidence within 90 days of filing a Notice of Disagreement (NOD). The Appeals Modernization Act become effective February 19, 2019. The Veteran opted into the AMA process beforehand through an initiative known as the Rapid Appeals Management Program (RAMP). By an August 2019 decision the Board denied this claim. The Veteran appealed that determination to the U.S. Court of Appeals for Veterans Claims (Court). The parties to that action then agreed upon a June 2020 Joint Motion for Remand (Joint Motion). The final copy of that Joint Motion is reflected in the claims folder, it is in an amended form. In accordance with the terms of that Joint Motion, the Board is remanding the claim back to the VA Regional Office (RO) for further requested evidentiary development. The claim for service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Board’s prior decision in this matter weighed the evidence, two VA examinations against an October 2017 private medical record, finding a significant preponderance of the evidence weighed against the clinical diagnosis of PTSD or other current condition. However, the parties agreed in the Joint Motion for Remand that the VA examinations were deficient because they did not address conflicting evidence provided by the October 2017 private record. The parties agreed that the examinations were inadequate, and that on remand a new examination or clarification of the existing examinations must be obtained. The case is accordingly remanded to obtain another VA examination and opinion. The matter is REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician as to the nature and etiology of his claimed mental condition, including whether he has PTSD. The examiner is requested to provide a diagnosis of all present relevant clinical conditions. The examiner should initially determine whether the Veteran has PTSD. In so determining, please indicate complete review and consideration of the record and all prior determinations, to include: (1) prior April 2018 and November 2018 VA examinations (did not find a diagnosis of PTSD); (2) October 2017 private clinical evaluation (that did find a diagnosis of PTSD). Then indicate whether there is applicable a current diagnosis of any current mental health condition other than PTSD. If PTSD is diagnosed, then provide an opinion as to whether PTSD is at least as likely as not (50 percent or greater probability) etiologically related to an in-service stressor. Also opine whether there is any other diagnosed mental health condition diagnosed which is at least as likely as not due to service. The VA examiner is requested to give a complete rationale for any opinion provided. If for any reason an opinion is not possible without resort to speculation then the examiner should state that and why it happens to be the case. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Lyons, 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.