Citation Nr: 21069611
Decision Date: 11/19/21	Archive Date: 11/19/21

DOCKET NO. 18-42 041
DATE: November 19, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and generalized anxiety disorder (GAD), is remanded.

REASONS FOR REMAND

The appellant served in the National Guard from March 1997 to July 2000 and had active duty for training from November 1997 to February 1998.

This appeal to the Board of Veterans' Appeals (Board) is from an April 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In February 2021, the appellant testified during a video conference hearing before the undersigned.  A transcript of the hearing is of record.

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and GAD, is remanded.

The appellant contends he has PTSD due to graphic, violent videos he had to watch during his basic training at Keesler AFB.  See March 2017 Correspondence.  In March 2018 correspondence, his wife reported that he had told her about the videos and how they made him feel.  See March 2018 Buddy/Lay Statement.  

A December 2017 medical statement from T. Laughlin, LCSW and an August 2019 statement from H. Marble, LCAT-P, MS linked the appellant's diagnosis of PTSD to events during his training, which specifically included the violent videos he watched.  See February 2021 Medical Treatment Record  Government Facility.  

The matter must be remanded for a VA examination and opinion. 

The matter is REMANDED for the following action:

1. Obtain any outstanding VA records, and ask the appellant if there are any outstanding private treatment records and, if so, secure any necessary release and attempt to obtain them.

2. After completion of the above development, schedule the appellant for a VA examination by an appropriate examiner to determine the nature and etiology of his claimed acquired psychiatric disorder.  The claims file must be made available to the examiner and reviewed.  The appellant's pertinent symptoms and findings must be reported, and all diagnosis must be made pursuant to DSM-V.  The examiner should specifically consider the diagnoses of PTSD, generalized anxiety disorder, and any other diagnosis noted in the record or diagnosed based on the examination.  The examiner should then address the following:

a)	For each diagnosed mental health disorder other than PTSD, is it at least as likely as not (50 percent or greater probability) etiologically related to his period of ACDUTRA service (November 1997 to February 1998)?

b)	If PTSD is diagnosed, the examiner should opine to whether it is at least as likely as not (a 50 percent or better probability) related to his reported stressor of being exposed to graphic, violent videos of bombings and the aftermath.

c)	The examiner must explain the rationale for each opinion.  

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Bredehorst, 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.