Citation Nr: 21071738 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 19-33 523 DATE: December 1, 2021 ORDER New and material evidence having been submitted, the request to reopen the claim for service connection for post-traumatic stress disorder (PTSD) is granted. REMANDED Entitlement to service connection for post-traumatic stress disorder (PTSD) is remanded. FINDINGS OF FACT 1. A May 2015 rating decision denied service connection for post-traumatic stress disorder (PTSD) on the basis that there was no evidence the stressors occurred. The Veteran did not appeal the decision and no new and material evidence was received within a year of the denial. Therefore, the decision became final. 2. Since the May 2015 rating decision, in June 2016, the Veteran submitted a news article corroborating his first stressor of witnessing the death of a fellow service member due to lightning. The evidence is probative and relevant and cures the prior evidentiary defect of an in-service stressor. CONCLUSIONS OF LAW 1. The May 2015 rating decision is final as to the denial of service connection for PTSD. 38 U.S.C. § 7105 (2018); 38 C.F.R. §§ 20.302, 20.1103 (2021). 2. New and material evidence sufficient to reopen the issue of PTSD has been received. 38 U.S.C. § 5108 (2018); 38 C.F.R. § 3.156(a) (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from January 1966 to January 1968. This matter came before the Board of Veterans Appeals (Board) on appeal from a May 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). For the reasons stated above, the request to reopen the claim for service connection for PTSD has been granted. The Board will proceed with the adjudication of the issue in the decision below. REASONS FOR REMAND Entitlement to service connection for post-traumatic stress disorder (PTSD) The Veteran contends that he has PTSD due to two events in service. The VA has already conceded the Veteran's PTSD diagnosis. However, the Board notes that the Veteran has not yet been afforded a VA examination in connection with this issue. VA has a duty to provide an examination or obtain a medical opinion on an issue of service connection when the record, 1) contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, 2) indicates that the disability or signs and symptoms of a disability may be associated with active service, and 3) the record does not contain sufficient information to make a decision on the issue. 38 U.S.C. § 5103A(d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). In this case, the Board finds that remand for a VA examination and etiology opinion is required. The matters are REMANDED for the following action: 1. Schedule the Veteran for an appropriate VA examination, to determine the etiology of any currently diagnosed psychiatric disability to include PTSD. The examiner should review the file and provide a complete rationale for all opinions expressed. For any current psychiatric disability diagnosed, to include PTSD, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that the disability is related to his active service. In providing the opinion, the examiner should consider and discuss any lay statements of record, to include the Veteran's statements regarding the onset and persistence of his symptoms. In rendering a nexus opinion, the examiner should also address the news article submitted by the Veteran in June 2016. (Continued on next page) 2. If upon completion of the above action the appeal remains denied, the case should be returned to the Board after compliance with appellate procedures. E. I. Velez Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Y. Akkad 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.