Citation Nr: 21073634
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 18-00 865
DATE: December 9, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran had active-duty service from November 1988 to August 1992.

This matter comes to the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In August 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is of record.

The Board has recharacterized the Veteran's claim as entitlement to service connection for an acquired psychiatric disorder, to include PTSD and anxiety, in order to comport with Clemons v. Shinseki, 23 Vet. App. 1 (2009) (the scope of a claim for service connection for a mental disability includes any mental disability that reasonably may be encompassed by the claimant's description of the claim, reported symptoms, and the other information of record).

The record contains conflicting information regarding whether the Veteran has a current psychiatric disorder. As a combat Veteran, his stressor is conceded. Accordingly, he should be afforded a current VA examination to determine the nature and etiology of any disorder diagnosed. 

The matter is REMANDED for the following action:

Schedule the Veteran for an appropriate VA examination for his claimed psychiatric disorder. The claims file and a complete copy of this REMAND must be made available to and reviewed by the examiner. The VA examination report should indicate that this has been accomplished.

For any psychiatric disorder present, the examiner is to opine on the following:

Whether is it at least as likely as not (50 percent or better probability) that the Veteran's acquired psychiatric disorder is related to his active-duty service or any incident therein, to include his conceded stressor of combat participation?

In rendering an opinion, the examiner should consider the Veteran's lay statements of record and relevant medical evidence.

A complete rationale should be provided for all opinions provided. If any requested opinion cannot be provided without resorting to speculation, court cases require the examiner to explain why the opinion cannot be offered, and state whether the inability is due to the absence of any evidence or is due to 

 

the limits of scientific or medical knowledge. 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Department of Veterans Affairs

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.