Citation Nr: 21004791
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 17-51 534
DATE: January 28, 2021

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from September 1993 to May 1995.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2014 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.

In September 2020, the Veteran testified before the undersigned Veterans Law Judge.  A transcript of the hearing is associated with the claims file.  

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

The Veteran contends that he suffers from PTSD due to military sexual trauma (MST).  He testified that he experienced a military sexual assault during his naval service.  He further testified that while in service, he misreported the resulting injury as a fall from a ladder, due to the traumatic nature of the event.  Subsequently, he requested a transfer/military discharge, which was granted in the form of a humanitarian transfer to a reserve unit.  See September 2020 Board Transcript; see also September 2017 Substantive Appeal.

The Board regrets the further delay but finds that further development is needed in this appeal.  First, there has not been an examination to include an opinion regarding PTSD as due to MST.  Second, a review of the record indicates that relevant personnel records are outstanding or otherwise not associated with the claims file.  As such, a duty to assist attaches to this appeal to obtain and associate with the record the relevant personnel records, to include the entire 201 file, and thereafter, obtain a VA examination regarding PTSD as due to MST.  

The matter is REMANDED for the following action:

1. Obtain the Veteran’s complete military personnel records, to include the entire 201 file, and associate them with the record.

2. Update VA treatment records.

3. Upon completion of directives #1 and #2, schedule the Veteran for an examination with an appropriate clinician regarding PTSD due to MST.  The claims file, as updated, must be made available to and reviewed by the examiner.

The examiner is asked to review the records, including his personnel records and any evidence submitted by the Veteran, and provide an opinion as to whether it is at least as likely as not that the Veteran has PTSD due to an in-service MST.

 

The opinion must be accompanied by explanation.

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Wilson, 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.