Citation Nr: 21068691 Decision Date: 11/12/21 Archive Date: 11/12/21 DOCKET NO. 18-44 875 DATE: November 12, 2021 REMANDED Service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active service in the U.S. Marine Corps from August 2010 to September 2015. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a Board hearing in June 2021. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. There are particular requirements for establishing entitlement to service connection for PTSD in 38 C.F.R. § 3.304(f) that are similar, but nonetheless separate, from those for establishing entitlement to service connection generally. Entitlement to service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125 (a); (2) credible supporting evidence that a claimed in-service stressor occurred; and (3) a link, established by medical evidence, between current symptoms and the in-service stressor. 38 C.F.R. § 3.304(f). Corroborating that the claimed in-service stressor occurred is not required if a claimed stressor is related to a veteran's fear of hostile military or terrorist activity, and a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of PTSD and that the Veteran's symptoms are related to the claimed stressor. The claimed stressor must still be consistent with the places, types, and circumstances of the Veteran's service, and without clear and convincing evidence to the contrary. 38 C.F.R. § 3.304(f)(3). In this case, the Veteran contends that he witnessed the aftermath of an attack on his base at Camp Bastion in Afghanistan that occurred prior to his arrival, including wreckage, debris, bullet holes in his workspace, and blood stains. He also reported that he was exposed to mortar attacks after his arrival there. These attacks fall within the definition of "hostile military or terrorist activity." If a VA psychiatrist or psychologist diagnoses PTSD attributable to these attacks, service connection may be granted. At present, however, these criteria have not been satisfied. The Veteran has been diagnosed with PTSD, but only by a VA clinical social worker and by a private physician. A VA psychologist diagnosed unspecified depressive disorder and anxiety disorder, but not PTSD, in November 2017 as part of the Veteran's outpatient treatment. During a May 2018 VA examination, the examiner indicated that no psychiatric disability, including PTSD, was present. Additional development of the claim is warranted. First, VA should attempt to verify the attacks at Camp Bastion reported by the Veteran. If verified, this would nullify the requirement that PTSD be diagnosed by a VA psychologist or psychiatrist. Second, a new VA examination should be provided. The May 2018 VA examiner stated that the Veteran's report of being subjected to mortar attacks conflicted with previous statements that he was on leave during the attacks. However, in a September 2021 statement, the Veteran clarified that these were two separate incidents. Indeed, his VA treatment records from November 2017, prior to the VA examination, show that he reported separate attacks both before and during his tenure at Camp Bastion. Considering this discrepancy from the examiner, as well as the diagnoses of PTSD and other psychiatric disabilities before and after the May 2018 VA examination, a new examination is warranted. The matter is REMANDED for the following action: 1. Attempt to corroborate the Veteran's in-service stressor, including his contention that he was subjected to mortar attacks while stationed with VMA-231 at Camp Bastion, Afghanistan, beginning in October 2012, and that the base was attacked in September 2012 prior to his arrival. If more details are needed, contact the Veteran to request the information. 2. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD). If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to an in-service stressor. For the purpose of rendering an opinion, the examiner should accept the Veteran's statements regarding experiencing mortar attacks in Afghanistan as credible. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Shamil Patel, 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.