Citation Nr: 21001634 Decision Date: 01/11/21 Archive Date: 01/11/21 DOCKET NO. 17-11 322 DATE: January 11, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1966 to April 1970. The Veteran appeared at a Board hearing in January 2020; a transcript is of record. During the Board hearing, the undersigned Veterans Law Judge clarified the issues on appeal, identified potential evidentiary defects, and clarified the type of evidence that would support the Veteran’s claim. The actions of the Veterans Law Judge supplement the Veterans Claims Assistance Act (VCAA) and comply with any related duties owed during a hearing. See 38 C.F.R. § 3.103. 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded. The Veteran argues that he has been diagnosed with PTSD and that it is service-connected. The Veteran believes that his acquired psychiatric disorder stems from when he witnessed the explosion of an aircraft while he was stationed in Guam in 1968. The Veteran later learned that a friend of his was on the aircraft. Notably the VA, in its May 2016 rating decision, conceded that the Veteran “experienced a stressful event in service or fear of hostile military or terrorist activity.” In support of his statement, the Veteran has submitted a medical treatment record from Dr. James Spira. Dr. Spira diagnosed the Veteran with PTSD and noted that the Veteran’s symptoms fit the DSM-V criteria, but “are milder these days.” Under trauma history, Dr. Spira stated the Veteran “witnessed a plane exploding in about 1968 while USAF stationed in Guam.” See Psychotherapy Intake Note, dated April 17, 2018. In a previous VA examination from April 2016, a VA examiner concluded that the Veteran did not have PTSD but did have an “unspecified anxiety disorder.” The examiner concluded that the unspecified anxiety disorder was less likely than not caused by the confirmed stressor during service. While service treatment records do not document any relevant symptoms, complaints, or treatment, given the two medical opinions, one with a PTSD diagnosis, and the other lacking a PTSD diagnosis, the Board finds that remand for an addendum medical opinion is appropriate. The matters are REMANDED for the following action: 1. Contact the Veteran requesting any other relevant private treatment records, or authorization to obtain such records. 2. Return the claims file to an examiner of appropriate expertise to determine the etiology of the Veteran's psychiatric disorder. It is up to the discretion of the examiner if a new examination is necessary, or in the alternative, a medical opinion is sufficient. Based on a review of the record, the examiner should: (a.) Provide an opinion as to whether a psychiatric disorder, to include PTSD, is at least as likely as not (i.e. probability of 50 percent or greater) related to the Veteran’s active service. A complete rationale for any opinion expressed should be provided in a report. The Examiner must address the private opinion. The Veteran is competent to report symptoms and treatment, and his reports must be taken into account, along with the other evidence of record. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jonah Nelson, 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.