Citation Nr: 21063334 Decision Date: 10/14/21 Archive Date: 10/14/21 DOCKET NO. 17-35 918 DATE: October 14, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for chronic adjustment disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from August 2000 to July 2004, June 2005 to November 2006, October 2007 to March 2008, April 2008 to September 2008, and December 2009 to June 2010, including service in Iraq and the award of the Iraq Campaign Service Medal. This matter is before the Board of Veterans' Appeal (Board) on appeal from a July 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. Notably, the Veteran had previously sought service connection for a psychiatric disorder, and this claim was denied in a September 2012 rating decision. However, as the Veteran submitted new and material evidence within a year of that rating decision, the claim remained open and still in appellate status. Entitlement to service connection for a psychiatric disorder, to include PTSD and/or chronic adjustment disorder, is remanded. The Veteran presented for a VA examination in December 2019. The examiner found that the Veteran did not have a diagnosis of PTSD that met the DSM-5 criteria. The examiner acknowledged the Veteran's diagnosis of unspecified adjustment disorder but opined that that was less likely than not incurred in or caused by active duty service. The examiner intimated that the Veteran was not an accurate historian and noted that there were discrepancies in his relation of in-service accounts regarding his stressors and symptom exaggeration of his psychiatric disorders. Prior to that VA examination, a request for stressors information was submitted and a response was uploaded the same day detailing the occurrence of the now unclassified mission occurring in Iraq noting the Ground Combat Element in support of Operation Iraq Freedom. See October 2019 Correspondence; October 2019 Military Personnel record. In response to the December 2019 VA examination, the Veteran's representative, in his informal hearing presentation (IHP), corroborated the information contained in the report that was uploaded and the Veteran's account of his stressors of coming under heavy contact with the enemy, stating that his unit was also deployed around that time when they also came under heavy small arms fire, improvised explosive device (IED) attacks, as well as daily mortar attacks. It was noted that the Veteran is a reliable historian, as the Representative witnessed the same events occur at the very same time (and presumably the same region) as the Veteran. See October 2020 IHP. The Veteran's representative also contends that the examiner did not consider, while in a war zone, that a Veteran does not have access to dates and times to include calendars, and that dates can be confused. Id. Based on the above, the Board finds that a VA examination should be secured on remand for an examiner to address the Veteran's stressors considering that that they have been corroborated. Barr v. Nicholson, 21 Vet. App. 303, 310-11 (2007). The Board also emphasizes that credibility determinations ultimately rest with the Board. The examiner should also bear in mind when rendering an opinion that the RO has made a formal finding of unavailability of the Veteran's complete service treatment records and should be sure to adequately address the Vet Center treatment records. On remand, any updated records should also be secured. The matters are REMANDED for the following action: 1. With all necessary assistance from the Veteran, obtain the Veteran's treatment records from all indicated sources, to include VA treatment records and records from any Vet Center which the Veteran has visited. 2. Notify the Veteran that his service treatment records are considered incomplete, and encourage him to send copies of any records in his care to VA for consideration with his claim. 3. Following the above ordered development, schedule the Veteran for a VA examination before an examiner who has not previously examined the Veteran to determine the nature and possible relationship to service of any identified psychiatric disorder. 4. After examining the Veteran, the examiner is to answer the following questions: (a.) From what, if any, psychiatric disorder or disorders has the Veteran exhibited since March 2011. (b.) If you find that the Veteran has a diagnosis of PTSD, then is it at least as likely as not that this disorder is related to the Veteran's active service, to include any reported fear of hostile military or terrorist activity? Please discuss the stressor of taking heavy fire while in Iraq. (c.) If you find that the Veteran has a diagnosis of a psychiatric disorder other than PTSD, then is it at least as likely as not that this disorder is related to or had its onset during the Veteran's periods of active service? In answering this, the examiner is advised that the Veteran's complete service treatment records have not been obtained, and no negative inference may be drawn from their absence. Also, please discuss the stressor of taking heavy fire while in Iraq. ERIC S. LEBOFF Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. J. Rogers, 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.