Citation Nr: 21074141
Decision Date: 12/14/21	Archive Date: 12/14/21

DOCKET NO. 20-05 743
DATE: December 14, 2021

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Army from October 1965 to October 1967. 

This matter is before the Board of Veteran's Appeals (Board) on appeal from an October 2018 rating decision by a Department of Veteran Affairs (VA) Regional Office (RO).

The Veteran testified at a hearing before the undersigned Veterans Law Judge in February 2021.  A copy of the transcript is associated with the claims file. 

The Veteran was afforded a VA examination in July 2018.  The examiner concluded that the Veteran had stressor events during his service in Vietnam that were related to the Veteran's fear of hostile military or terrorist activity.  The examiner concluded, however, that the Veteran's symptoms did not meet the diagnostic criteria for PTSD, referred to as Criterion A-H, from the Diagnostic and Statistical Manual of Mental Disorders, 5th edition (DSM-5).  The examiner further explained that although the Veteran "did endorse some symptoms of PTSD . . . related to his combat experiences in Vietnam, . . . he does not meet full criteria for PTSD based on DSM-5 diagnostic criteria."  

In his November 2018 VA Form 21-0958, Notice of Disagreement, and his February 2020 VA Form 9, Substantive Appeal, the Veteran contended that he did not feel like the examiner listened to him or let him tell his full experiences.  The Veteran also indicated at the February 2021 hearing that he felt like the examiner shut him down from talking and that he did not get to fully express his symptoms.  As the Veteran's statements and testimony indicate that he may not have provided the examiner with a full picture of his symptoms, the Board finds that remand for another examination is needed.

Accordingly, the matters are REMANDED for the following action(s):

1. Obtain updated VA treatment records from July 2021 to the present.

2. Thereafter, schedule the Veteran for a VA examination, with an appropriate VA examiner other than the examiner who completed the July 2018 examination, to assess the nature and etiology of any psychiatric disorder.  The examiner should answer the following questions based on a review of the claims file and interview and examination of the Veteran.  All necessary diagnostic and psychological testing should be performed and results reported.  

(a.) Identify all current psychiatric disorders under DSM-5.  The presence or absence of PTSD should be specifically discussed.

(b.) If PTSD is diagnosed, then opine as to whether it is at least as likely as not (50 percent or greater probability) that PTSD is related or attributable to any incident of the Veteran's military service, to include the fear of hostile military or terrorist activity during the Veteran's service in Vietnam?

(c.) For any psychiatric diagnosis other than PTSD, opine as to whether it is at least as likely as not (50 percent or greater probability) that any psychiatric disorder other than PTSD is related to the Veteran's service, to include events during his service in Vietnam?

A complete rationale must be provided for all opinions expressed.  If an opinion cannot be offered without resort to mere speculation, the examiner must indicate why this is the case and indicate what additional evidence, if any, would allow for more definitive opinion.

 

 

M. SORISIO

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. Brooks

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.