Citation Nr: 21067861
Decision Date: 11/05/21	Archive Date: 11/05/21

DOCKET NO. 18-42 916
DATE: November 5, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1993 to September 1995. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In July 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the proceeding has been associated with the claims file. 

Prior to the adjudication of the Veteran's claim for service connection, additional development is necessary. 

Initially, the Board notes the RO has made attempts to verify the Veteran's claimed stressor during operations off the coast of Somalia. While the RO has been unable to verify that particular stressor, the Veteran has also alleged fear of hostile military or terrorist activity during other operations he participated in during his Persian Gulf service. 

The record also shows the Veteran was afforded a VA examination in January 2017 in connection with his current claim. In pertinent part, the examiner diagnosed the Veteran to have PTSD, and in arriving at that diagnosis, the Board notes that the only stressor identified was military related.  However, when concluding that the disorder was unrelated to service, the examiner mentioned other stressors outside of military service, including abuse as a child and then incidents when the Veteran was a firefighter.  Clarification for the basis of the diagnosis of PTSD should be obtained.  

Accordingly, the Veteran should be afforded another VA examination that addresses whether his claimed stressors, to include as due to fear of hostile military or terrorist activity, resulted in his PTSD diagnosis.  

The matters are REMANDED for the following action:

1. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any diagnosed acquired psychiatric disorder present, to include PTSD. 

Based upon the examination and a review of the record the examiner should provide an opinion that states whether it is at least as likely as not (a 50 percent probability or greater) that any psychiatric disorder had its onset in service, was caused by, or is otherwise related to an in-service disease or injury. 

If PTSD is diagnosed, the stressor(s) forming the basis of that diagnosis should be identified, and if PTSD is not diagnosed, the criteria for the diagnosis that the Veteran failed to meet should be indicated. 

In this regard, the examiner is asked to clarify whether the Veteran's fear of hostile military or terrorist activity while serving in the Persian Gulf meets Criterion A for a PTSD diagnosis (i.e., if it is adequate to support the diagnosis of PTSD), whether the Veteran's symptoms are related to the claimed stressor, and if the claimed stressor is consistent with the places, types, and circumstances of the Veteran's service. 

The examiner should provide a complete rationale for any opinions expressed and should cite to the specific evidence of record.

2. After completing the above actions, to include any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claim should be readjudicated based on the entirety of the evidence

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	V. Geer, 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.