Citation Nr: 21072373 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 17-59 716 DATE: December 3, 2021 REMANDED The claim for service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), depression, anxiety and an eating disorder is remanded. REASONS FOR REMAND The Veteran had active service in the United States Navy from December 2001 to December 2005. In November 2021, the Veteran testified before the undersigned. The Board has construed the Veteran's service connection claim for an acquired psychiatric disorder broadly, as stated on the cover page of this decision. Clemons v. Shinseki, 23 Vet. App. 1 (2009). The Veteran asserts that she has an acquired psychiatric disorder due to sexual trauma she experienced during her period of active service in the United States Navy. If a posttraumatic stress disorder claim is based on in-service personal assault, evidence from sources other than the veteran's service records may corroborate the veteran's account of the stressor incident. Examples of such evidence include, but are not limited to: records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, or physicians; pregnancy tests or tests for sexually transmitted diseases; and statements from family members, roommates, fellow service members, or clergy. Evidence of behavior changes following the claimed assault is one type of relevant evidence that may be found in these sources. Examples of behavior changes that may constitute credible evidence of the stressor include, but are not limited to: a request for a transfer to another military duty assignment; deterioration in work performance; substance abuse; episodes of depression, panic attacks, or anxiety without an identifiable cause; or unexplained economic or social behavior changes. VA will not deny a posttraumatic stress disorder claim that is based on in-service personal assault without first advising the claimant that evidence from sources other than the veteran's service records or evidence of behavior changes may constitute credible supporting evidence of the stressor and allowing him or her the opportunity to furnish this type of evidence or advise VA of potential sources of such evidence. VA may submit any evidence that it receives to an appropriate medical or mental health professional for an opinion as to whether it indicates that a personal assault occurred. 38 C.F.R. § 3.304 (f)(5). The Veteran's service treatment records (STRs) do not show evidence of any psychiatric complaints, treatment, or diagnosis during her active service. In addition, her STRs do not show any direct or secondary evidence of military sexual trauma. These records do show that she was overweight, at least by military standards, which is consistent with her testimony and statements. A September 2005 Report of Medical Assessment does not show any complaints or intention to seek VA benefits for an acquired psychiatric disability, but references other unrelated physical ailments. Similarly, service personnel records do not appear to show any significant change in performance that would appear to be tied to a specifically alleged incident. In February 2016, the Veteran reported that she had been sexual harassed by her RDC, Division 912, at Great Lakes, IL Recruit Training Command from December 11, 2001 to March 2002. She maintained that since being harassed in boot camp, she had experienced a difficult time having male supervisors/bosses. She also alleged that while assigned to the Naval Base in Groton, Connecticut from March 2001 to December 2005, she was harassed by her superiors to lose weight in order to pass the physical readiness program and that a recruiter bought her diuretics. She contends that she became afraid of being "taped" by her superiors if she failed her weigh-in and, as a result of this incident, she has continued to have eating-related issues and is unable to eat comfortably in front of others. In September 2016, the Veteran submitted a statement from a fellow service comrade, M. A., in support of her assertions. The Veteran's post-service medical records show that she has a past history of anxiety and depression. However, the Veteran has not undergone much, if any psychiatric treatment. In light of the foregoing, the Board finds that the Veteran should be afforded a VA examination to determine Axis I psychiatric disorder diagnosis and an opinion on etiology regarding any Axis I psychiatric disorder(s). The matter is REMANDED for the following action: 1. Obtain any VA treatment records from October 2020 to the present 2. Schedule the Veteran for a VA psychiatric examination, with a psychiatrist or psychologist. The examiner should diagnose any current Axis-I psychiatric disability and should offer the following opinion: Is it at least as likely as not (50 percent or more probability) that the Veteran's acquired psychiatric disorder, claimed as anxiety, depression and/or PTSD and eating disorder was caused by military sexual trauma (MST), and or by stress associated with the military weight requirements? Why or why not? Additionally, the specific stressor(s) should be identified. The examiner should review the following evidence: (i) Veteran's testimony that her PTSD is due to military sexual trauma experienced during her active naval service; (ii) VA Form VA 21-0781a, Statement in Support of Claim for PTSD Secondary to Sexual Personal Assault, received in February 2016; and, (iii) September 2016 statement, authored by M. A. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Carole Kammel, 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.