Citation Nr: 21070515
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-29 046
DATE: November 24, 2021

REMANDED

Entitlement to service connection for a psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served in the United States Army from March 2006 to August 2008.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2013 and December 2014 rating decisions issued by a Department of Veterans Affairs (VA) Regional Office (RO).  The Board notes the Veteran filed his claim in November 2012 and the RO denied the claim in the May 2013 rating decision.  New and material medical evidence, stressor statements, and lay statements were received within one year of the May 2013 rating decision.  As such, the RO issued another rating decision in December 2014 continuing the denial.  The Board notes that the May 2013 rating decision never became final, and, therefore, reopening does not need to be considered.

Regrettably, the Board finds a remand is warranted for further development, to include a VA examination.  

The Veteran has not been afforded an examination for his PTSD.  The Board finds that the low threshold requirement has been met for a VA examination.  See 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006) (in disability compensation claims, VA must provide a medical examination when there is (1) competent evidence of a current disability, (2) evidence establishing that an event, injury, or disease occurred in service, (3) an indication that the disability may be associated with the Veteran's service or with another service-connected disability, but (4) insufficient competent medical evidence on file for VA to make a decision on the claim).

Here, the record reflects evidence of a diagnosis of PTSD.  See VA Medical Treatment Records.  The Veteran contends that his PTSD is due to his military service, to include his bootcamp training.  The Board finds that there are no nexus statements for the Veteran's claim to determine whether service connection is allowed.

Given such, the Board finds a remand is warranted to afford the Veteran a VA examination for PTSD.  This examination should address all psychiatric disorders shown, not just PTSD.  Clemons v. Shinseki, 23 Vet. App. 1, 5-6 (2009).

The matters are REMANDED for the following action:

Schedule the Veteran for a VA examination by a psychiatrist or psychologist to determine the nature and etiology of any mental health condition, to include PTSD.  The examiner must review the claims file.  Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed.  All opinions must be supported by a rationale.  The VA examiner should address the following:

(a)	Whether the Veteran has PTSD that can be causally linked to a corroborated stressor during service; and,

(b)	Whether it is at least as likely as not (at least an approximate balance of positive and negative evidence) that the Veteran has any other diagnosed psychiatric disorder that manifested in service or is otherwise causally or etiologically related to his service.

The VA examiner must consider and address the Veteran's lay statements, to include his stressor statement within the claims file.  

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Glaeser, Jennifer

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.