Citation Nr: 21063194 Decision Date: 10/13/21 Archive Date: 10/13/21 DOCKET NO. 17-50 396A DATE: October 13, 2021 ORDER New and material evidence has been received to reopen the claim of service connection for an acquired psychiatric disorder and the appeal is granted to this extent. REMANDED Service connection for an acquired psychiatric disorder. FINDINGS OF FACT 1. The Veteran served on active duty from January 1999 to January 2002. 2. In August 2012, the Agency of Original Jurisdiction (AOJ) denied the claim of service connection for posttraumatic stress disorder (PTSD). The Veteran did not appeal and it became final. 3. The evidence received since the August 2012 rating decision relates to an unestablished fact and raises a reasonable possibility of substantiating the claim of service connection for an acquired psychiatric disorder, to include PTSD. CONCLUSIONS OF LAW 1. The August 2012 rating decision is final. 38 U.S.C. § 7105 (2012); 38 C.F.R. § 20.1103 (2020). 2. New and material evidence has been received to reopen the claim of service connection for an acquired psychiatric disorder. 38 U.S.C. §§ 1110, 1131, 5107, 5108 (2012); 38 C.F.R. §§ 3.102, 3.156, 3.159 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The claim for service connection for an acquired psychiatric disorder was originally denied in August 2014 and styled as PTSD. A review of the record reveals that the Veteran has been diagnosed with PTSD, major depressive disorder (MDD), and anxiety. Accordingly, the Board has recharacterized the issue as entitlement to service connection for an acquired psychiatric disorder to better reflect the scope of the claim. Clemons v. Shinseki, 23 Vet. App. 1 (2009). Turning to the relevant laws and regulations, prior unappealed rating decisions may not be reopened absent the submission of new and material evidence warranting revision of the previous decision. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. "New" evidence means "evidence" not previously submitted to agency decisionmakers." "Material" evidence means "evidence that, by itself or when considered with previous evidence of record, related to an unestablished fact necessary to substantiate the claim." 38 C.F.R. § 3.156(a). In order to be considered "new and material" evidence, the evidence must not be cumulative or redundant, and "must raise a reasonable possibility of substantiating the claim," which has been found to be enabling, not preclusive. See Shade v. Shinseki, 24 Vet. App. 110 (2010). When determining whether the claim should be reopened, the credibility of the newly submitted evidence is to be presumed. Justus v. Principi, 3 Vet. App. 510, 513 (1991). In 2012, the Veteran's claim for service connection for PTSD was denied by the AOJ due to the absence of a diagnosis for PTSD, the absence of any other mental health diagnosis, and the lack of verification for an in-service stressor. The evidence at the time included clinical records and lay statements. He did not appeal and that decision became final. The evidence received since the last final denial in 2012 consists of the Veteran's service treatment records (STRs) which show that he complained of anxiety and depression during service, as well as encountered behavioral issues in service. Additionally, clinical records have since shown a diagnosis of PTSD, as well as MDD and anxiety. Further, the Veteran submitted a lengthy statement outlining his in-service stressors. This evidence is new as it was not of record at the time of the prior rating decision. Moreover, the evidence is material as it relates to the unestablished element of an in-service incurrence. Therefore, the application for service connection is reopened, and the appeal is granted to this extent. REASONS FOR REMAND The Veteran has asserted that he has an acquired psychiatric disorder which is related to active duty. He has submitted clinical records which show diagnoses of MDD and anxiety, with impressions of PTSD. Additionally, STRs reflect that he complained of depression and anxiety during active duty and at his separation examination. Next, he submitted a detailed statement of in-service stressors. Nonetheless, he has never been afforded a VA examination. Thus, an examination should be undertaken to assess the current status and etiology of any acquired psychiatric disorder. The matter is REMANDED for the following actions: 1. Identify and obtain any outstanding, pertinent, VA and private treatment records and associate them with the claims file. 2. Schedule the Veteran for an examination to assess the current status and etiology of any acquired psychiatric disorder, to include anxiety, MDD, and PTSD. The claims file must be made available to and reviewed by the examiner. Any indicated studies should be performed. Based on the examination results and review of the record, the examiner should list any relevant mental health diagnosis, and for each one, provide an opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that the disorder is etiologically related to service. A thorough rationale must be provided for all opinions rendered. L. HOWELL Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Yacoub, 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.