Citation Nr: 21061997 Decision Date: 10/06/21 Archive Date: 10/06/21 DOCKET NO. 14-34 803A DATE: October 6, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depression, remanded. REASONS FOR REMAND The Veteran served on active duty from December 1977 to December 1980. This case comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. Following the rating decisions on appeal, the Veteran timely filed a notice of disagreement (NOD) in October 2014 and in August 2015, the RO issued a statement of the case (SOC). The Veteran timely submitted a substantive appeal in August 2015 and requested a hearing. The Veteran testified at a Board hearing before a Veterans Law Judge (VLJ) in August 2019. A transcript of the hearing is of record. In September 2020, in relevant part, the Board denied the claim. Thereafter, the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In a May 2021 Joint Motion for Partial Remand (JMPR), the Secretary of VA and the Veteran (the parties) moved the Court to vacate the September 2020 decision as to the issue on appeal. The Court granted the JMPR in a May 2021 order and the matter is again before the Board for adjudication. In an August 2021 letter, the Veteran was notified that the VLJ has since retired from the Board. He was afforded the opportunity to request another Board hearing. The Veteran did not respond to the letter, and thus the Board will assume he does not want another Board hearing. Claims for service connection for psychiatric disorders, including PTSD and depression, may encompass claims for service connection for all diagnosed psychiatric disorders. See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (when a claimant makes a claim, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled). While the Veteran asserted a claim of service connection for PTSD, the record indicates an assessment of another acquired psychiatric condition, depression. Accordingly, the Board has recharacterized the issue on appeal as a claim of entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depression. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and depression, remanded. The Veteran is seeking service connection for a physiatric disorder. Specifically, he contends that his current disability is related to stressor events that occurred during his service in Korea and Germany. Based on a review of the claims folder, the Board finds that additional development is needed prior to adjudication of the claim. Specifically, the Board notes that the Veteran was afforded a VA examination in August 2014. Although the VA examiner diagnosed the Veteran with PTSD and depression, the VA examiner only provided a nexus opinion for PTSD. As such, the opinion is insufficient for adjudicative purposes and a remand is warranted for a new opinion. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295 (2008); see May 2021 JMPR. On remand, the Board finds that additional development may also be warranted to confirm the Veteran's inservice stressor event. Although the AOJ has undertaken efforts to verify the Veteran's stressor event, the AOJ reported that there is no record of the Veteran having served in Korea, despite the Veteran's military personnel record indicating that that he served in Korea from April 1978 to June 1979. In addition, the AOJ reported only undertook efforts to verify the Veteran's service during a 60-day period based on an August 1, 1978 date. Here, the AOJ limited its service verification request to a 60-day period despite the evidence of record shows that the Veteran was stationed in Korea from April 1978 to June 1979. However, where, as here, the search period is longer than the 60-day period requested for research purposes, the Court determined that VA is obligated to submit multiple requests to cover the relevant time window in 60-day increments. See Gagne v. McDonald, 27 Vet. App. 397, 404 (2015). The matters are REMANDED for the following action: 1. The AOJ should obtain all outstanding VA treatment records and any private treatment records identified by the Veteran. All obtained records should be associated with the evidentiary record. 2. The AOJ should contact the appropriate entity and request verification of the Veteran's inservice stressors. Separate requests may be warranted for multiple 60-day period. A copy of the verification request(s) and the responses should be included in the claims file. See April 2015 JSRRC Stressor Verification Request; April 2015 DPRIS (noting a different department needs to be contacted). As required under 38 C.F.R. § 3.159(c)(2), as many requests as are necessary to obtain the requested records must be made, and such efforts may be ended only if the conclusion is reached that the records sought do not exist or that further efforts to obtain such records would be futile. The AOJ should document any negative responses received, to include a formal finding on a lack of information required to verify the inservice stressor. 3. After all outstanding treatment records have been associated with the claims file, obtain a VA opinion by an appropriately qualified VA health care professional to determine the nature and etiology of the Veteran's acquired psychiatric disorder, to include PTSD and depression. The electronic claims folder, including a copy of this remand, should be made available to the examiner, and the examiner must review the entire claims file in conjunction with the examination. The need for an examination is left to the discretion of the clinician selected to write the opinion. (a) Identify all diagnosed psychiatric disorders. (b) For each diagnosed psychiatric disorder, determine whether it is at least as likely as not (50 percent probability or greater) that the was disorder had its onset during active service or is related to any in-service disease, event, or injury. In doing so, the examiner should address the Veteran's April 1982 separate examination in which the Veteran reported experiencing depression or excessive worry. The examination report must include a complete rationale for all opinions provided. If the examiner cannot provide the requested opinion(s) without resorting to speculation, the report should expressly indicate this, and the examiner should explain why an opinion cannot be provided without resorting to speculation. 4. After completing the requested actions, and any additional notification and/or development deemed warranted, readjudicate the issue on appeal. If the benefit sought on appeal remains denied, furnish to the Veteran and his representative an appropriate supplemental statement of the case (SSOC) that includes clear reasons and bases for all determinations, and afford them the appropriate time period for response before the claims file is returned to the Board for further appellate consideration. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Kaufer, 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.