Citation Nr: 21074572 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 17-33 607 DATE: December 15, 2021 ORDER Service connection for posttraumatic stress disorder (PTSD) is granted. REMANDED Service connection for a right wrist condition is remanded. Service connection for a left wrist condition is remanded. Service connection for bilateral toe fungus is remanded. FINDINGS OF FACT 1. Service treatment records (STRs) were located in the electronic claims file following the last final rating decision in November 2012; these STRs were not of record at the time of the last final decision and are relevant to the claims for right wrist, bilateral toe fungus, and PTSD. 2. Resolving all reasonable doubt in favor of the Veteran, she has a diagnosis of PTSD which has been attributed to her active duty service. CONCLUSION OF LAW The criteria for service connection for PTSD are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 4.125. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from June 1990 to February 1991; she also had Reserve service which included periods of ACDUTRA and INACDUTRA. At the outset the Board notes that rating decisions in April 2011 and November 2012 denied the Veteran's claims for service connection for a right wrist condition, bilateral toe fungus, and PTSD. The Veteran did not appeal these decisions. However, in 2015 copies of the Veteran's service treatment records (STRs) which had not previously been associated with her file were submitted into the record. If at any time after VA issues a decision on a claim, VA receives or associates with the record relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim, VA will reconsider the claim, notwithstanding 38 C.F.R. § 3.156 (a). Such records include, but are not limited to, service records that are related to a claimed in-service event, injury, or disease. 38 C.F.R. § 3.156 (c)(1). The Board finds that the STRs received after the last final decision in November 2012 are relevant to the Veteran's claims for service connection for a right wrist condition, toe fungus, and PTSD. As such, the prior rating decisions which denied the Veteran's claim did not become final and there is no need for the Board to review the Veteran's claims under the new and material evidence standard. Service Connection Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a). PTSD Service connection for an acquired psychiatric disorder, including PTSD, requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125 (a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. 38 C.F.R. § 3.304. A diagnosis of a mental disorder, including PTSD, must conform to the criteria of Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). 38 C.F.R. § 4.125. In this matter the Veteran meets the above criteria. She has stated that her involuntary commitment to a psychiatric facility during active duty cased her PTSD. The Veteran's STRs clearly document that she was involuntarily committed during a training exercise in June 1999. Buddy statements also document the involuntary commitment. See November 2013 and September 2016 Lay Statements. Private medical records from her treating physician show that the Veteran was diagnosed with PTSD in March 2012. In the course of that diagnosis the Veteran discussed her involuntary commitment as a stressor event. A July 2016 private examination report from the Veteran's treating mental health care physician documented her diagnosed PTSD and related it, in part, to her documented in-service involuntary commitment. As such, the Veteran has satisfied the criteria for service connection for PTSD. The Board is aware of a 2012 VA examination in which the Veteran was not diagnosed with PTSD. However, the examiner did not appear to have the full copy of the Veteran's STRs or her private treatment records. Thus, the Board does not afford this examination any probative weight. Accordingly, and resolving all doubt in the Veteran's favor, the Board finds that service connection for PTSD is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). REASONS FOR REMAND Right Wrist Condition Left Wrist Condition Bilateral Toe Fungus The Veteran has consistently reported that her periods of active duty service are not properly reflected in her claims file. See June 2017 Statement in Support of Claim. The Board is concerned that a complete copy of the Veteran's STRs are not associated with her file. Remand is necessary to confirm the Veteran's period of active duty, including during her Reserve service, and confirm that all personnel records, including any STRs, are associated with her file. In her June 2017 statement, the Veteran indicated that her records may be associated under a different name. As to her bilateral wrists, the Veteran submitted a buddy statement which indicated she had been put on a permanent profile for bilateral wrist injuries. The Board was not able to locate such a document in the STRs currently associated with the file. Remand is necessary to attempt to locate a copy of this profile. Additionally, VA examinations in 2012 and 2015 provide conflicting evidence about diagnosis and etiology of any disorder of the Veteran's bilateral wrists. A new examination is warranted. As to the Veteran's toe fungus, the Board notes that she has not been provided an examination regarding this claim. Remand is necessary as the low threshold for obtaining such an examination and medical opinion has been surpassed in this case. See 38U.S.C. §5103A (d); McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). The matters are REMANDED for the following action: 1. Contact the NPRC or any other appropriate facility and obtain the Veteran's complete service treatment records and military personnel file for the dates of the Veteran's service, including all ACDUTRA and INACDUTRA of her Reserve service. Document all requests for information as well as all responses in the claims file. 2. After the above directive has been performed, schedule the Veteran for an examination by an appropriate clinician to determine the nature and etiology of any diagnosed disability of her bilateral wrists or bilateral toe fungus. The claims file should be made available to the examiner for review. The examiner must opine whether it is at least as likely as not (50 percent or greater probability) that any such diagnosed disability of the Veteran's bilateral wrists or bilateral toe fungus was incurred in, or due to, the Veteran's service. The Veteran's lay statements regarding onset and continuity of symptomology should be recorded and considered. A rationale for all opinions must be provided. Shamil Patel Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Parrish 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.