Citation Nr: 21003357 Decision Date: 01/21/21 Archive Date: 01/21/21 DOCKET NO. 17-01 959 DATE: January 21, 2021 REMANDED The claim of entitlement to service connection for an acquired psychiatric disability, including PTSD, is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1973 to May 1977. This appeal is from a November 2015 rating decision. In December 2020, the Veteran had a personal hearing with the undersigned VLJ. The claim of entitlement to service connection for an acquired psychiatric disability, including PTSD, is remanded. The Veteran has claimed service connection for PTSD, which the Board has expanded to include any acquired psychiatric disability. The Board notes that the record shows he has been diagnosed with depression. The Veteran asserts that his acquired psychiatric disability is related to a plane crash that occurred during service, which he would have been on had he not been late to work that day. He worked on a T-39 maintenance crew, and they were going on a flight to Colorado and back to work on their plane, which was having landing gear difficulties. His records show that he worked on a T-39 maintenance crew at the time of the incident, and that he performed “preflight, thruflight, and basic postflight” duties, both of which tend to support his reports. He further reported that being on such flights was a standard practice for maintenance crews and that there would not be any flight orders issued. He reported that he was told he would be disciplined with an Article 15 when it was first discovered that he missed the flight, but it does not appear that happened. The Board notes the AOJ (agency of original jurisdiction) has indicated, in June 2016, that a complete copy of personnel records has not been obtained, but has not made a formal finding that they are unable to be located. On remand, an additional search of records should be made. Additionally, the Veteran has not been provided with a VA examination. On remand, this shall be accomplished. The matters are REMANDED for the following action: 1. Obtain updated VA treatment records. 2. Make an effort to obtain the Veteran’s entire service personnel file. If unable to locate, then a formal finding of unavailability must be made. 3. After completion of the above, schedule the Veteran for an appropriate examination for report on whether it is as likely as not (50/50 probability or greater) that any acquired psychiatric disability is related to his service. The Veteran has been diagnosed with depression and has been noted to have PTSD symptoms. The examiner is asked to review the file and to conduct a complete examination, along with any necessary diagnostic tests. The examiner is asked to elicit from the Veteran a detailed history of the incident in service, and his symptoms since then. In regard to PTSD specifically, this disability must be diagnosed in accordance with the DSM-5. The examiner is asked to presume that his reported stressor has been corroborated, as well as any additionally reported stressors. The Veteran reports that he his symptoms are related to an incident in service, where he missed a flight that was then involved in a midair collision. All of his crewmates who had made it to work on time were killed, and he was given the details of their injuries, which made him physically ill. He separated from service without seeking treatment for, or being diagnosed with, any psychiatric disabilities. The record shows that, in 2001, he was diagnosed with depression secondary to physical disabilities. The examiner is asked to comment on whether any current acquired psychiatric disability is caused or aggravated by his service-connected knees, tinnitus, or hearing loss. “Aggravated” means to cause any increase in severity that is beyond the normal progression of the disability, and it need not be permanent in nature. All opinions must be supported with explanation. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Gibson 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.