Citation Nr: 21067370 Decision Date: 11/04/21 Archive Date: 11/04/21 DOCKET NO. 18-38 742 DATE: November 4, 2021 ORDER New and material evidence having been received, the petition to reopen the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) and schizoaffective disorder is granted. REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and schizoaffective disorder, is remanded. FINDINGS OG FACT 1. Service connection for schizoaffective disorder was denied in a September 2005 Board decision. 2. Service connection for PTSD was denied in an unappealed June 2008 rating decision. 3. Evidence received since the prior decisions is new and material and raises a reasonable possibility of granting the claim of entitlement to service connection for PTSD and schizoaffective disorder. CONCLUSIONS OF LAW 1. The September 2005 Board decision is final. 8 U.S.C. § 7104; 38 C.F.R. §§ 20.1100, 20.1104. 2. The June 2008 rating decision is final. 38 U.S.C. § 7105; 38 C.F.R. § 3.160(d). 3. The evidence received since the final prior decisions is new and material, and the claim of entitlement to service connection for PTSD and schizoaffective disorder is reopened. 38 U.S.C. § § 5108; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1973 until June 1976 and from January 1981 until January 1984. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2016 Department of Veterans Affairs (VA) regional office (RO) rating decision. In a September 2005 decision, the Board denied entitlement to service connection for schizoaffective disorder. In a June 2008 rating decision, the RO denied entitlement to service connection for PTSD. These decisions went unappealed and became final. The Veteran participated in a hearing before the undersigned in June 2021; a transcript is associated with the claims file. Preliminarily, the Board notes that when a Veteran makes a claim for PTSD, he is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). Therefore, the Board has recharacterized and consolidated the issue into a claim for any acquired psychiatric disability. See id. New and Material Evidence Where a claim has been finally adjudicated, a claimant must present new and material evidence to reopen the previously denied claim. 38 U.S.C. § 5108; 38 C.F.R. § 3.156. New evidence is evidence not previously submitted to agency decision makers. 38 C.F.R. § 3.156. Material evidence is evidence that, by itself or when considered with previous evidence of record, relates to an unestablished fact necessary to substantiate the claim. Id. New and material evidence cannot either be cumulative or redundant of the evidence of record at the time of the last prior final denial and must raise a reasonable probability of substantiating the claim. Evidence associated with the claims file since the previous September 2005 Board decision and June 2008 rating decision includes lay statements, updated treatment records, military personnel records, service treatment records, and the Veteran's June 2021 hearing testimony. Specifically, December 1981 service treatment records show that the Veteran sought treatment for depression and the Veteran's June 2021 testimony included statements suggesting that his psychiatric disability began in service and continued thereafter. Based on this new evidence, the Board finds that the new and material criteria under 38 C.F.R. § 3.156(a) have been satisfied, and the claim for entitlement to service connection for PTSD and schizoaffective disorder are reopened. REASONS FOR REMAND VA's duty to assist includes providing a medical examination and obtaining an opinion when it is necessary to make a decision on a claim. 38 U.S.C. § 5103A(d); 38 C.F.R. § 3.159. Such development is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but (1) contains competent evidence of a diagnosed disability or symptoms of disability, (2) establishes that the Veteran suffered an event, injury or disease in service, or has a presumptive disease during the pertinent presumptive period, and (3) indicates that the claimed disability may be associated with the in-service event, injury, or disease, or with another service-connected disability. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). The threshold for finding a link between a current disability and service so as to require medical examination is low. Locklear v. Nicholson, 20 Vet. App. 410 (2006). Here, the Veteran s diagnosed with several psychiatric disabilities including schizoaffective disorder, major depression, unspecified episodic mood disorder, and adjustment disorder with anxious mood. See June 2018 Active Problems List. A June 2018 mental health medication management note additionally states that the Veteran is "re-experiencing" PTSD symptoms. Furthermore, the Veteran testified that he sought treatment for depression in service in 1977-78 and 1981 and that his psychiatric symptoms continued and worsened over time; as stated above, his service treatment records confirm that the Veteran was treated for depression with suicidal ideation in 1981. At the hearing, the Veteran attributed his psychiatric symptoms to his July 1980 divorce. See Divorce Decree. As the Veteran is currently diagnosed with multiple current psychiatric disabilities, received in-service treatment for depression with suicidal intent in December 1981, and testified that these symptoms continued after service to the present, remand is necessary to obtain a VA examination. McLendon v. Nicholson, 20 Vet. App. 79, 83-86 (2006). The matters are REMANDED for the following action: Obtain a VA examination regarding whether the Veteran's acquired psychiatric disorder, however diagnosed, is related to service. The entire claims file, to include a copy of this remand, must be reviewed in conjunction with the opinion. The examiner should identify each psychiatric disorder experienced by the Veteran during the appeal period. If PTSD is diagnosed, the examiner should offer an opinion as to whether it is at least as likely as not that PTSD is due at least in part to a verified in-service stressor event or fear of hostile action during service. For each other psychiatric disorder found to be present, to include those mentioned in the June 2018 Active Problems List, the examiner should provide an opinion as to whether it is at least as likely as not the disorder had its onset in service or is otherwise related to service. The rationale for all opinions expressed must be provided. If the examiner is unable to provide the requested opinion, he or she must explain why the opinion cannot be provided. In rendering these opinions, the examiner must consider and specifically discuss the December 1981 service treatment record, the June 2018 mental health medication management note, and the Veteran's June 2021 testimony regarding the onset of his psychiatric symptoms in service and continuity thereafter, to include the July 1980 divorce. See Miller v. Wilkie, 32 Vet. App. 249 (2020) Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. Finelli, 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.