Citation Nr: 21074625 Decision Date: 12/15/21 Archive Date: 12/15/21 DOCKET NO. 18-03 406 DATE: December 15, 2021 REMANDED Entitlement to service connection for a psychiatric disorder, to include anxiety, depression, and posttraumatic stress disorder, is remanded. Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from July 1974 to July 1976. This matter is before the Board of Veterans' Appeal (Board) on appeal from a November 2016 rating decision issued by the Department of Veteran Affairs (VA) Regional Office (RO). The Veteran appeared at a hearing before the undersigned Veterans Law Judge in August 2021. A transcript of the hearing is in the Veteran's file. 1. Service connection for a psychiatric disorder, to include anxiety, depression, and PTSD is remanded. The Veteran is seeking service connection for a psychiatric disorder, to include PTSD, anxiety, and depression. The Veteran contends that his claimed psychiatric disorders are the result of an in-service military sexual trauma (MST), and/or witnessing of accidental death on the flight deck of USS Nimitz. Though the Veteran's service treatment records do not show any reports of sexual assault, the Veteran concedes that he did not report the sexual assault due to fear of reprisals. The lack of positive evidence for supporting the Veteran's contentions cannot be considered as negative evidence countering his claim. Moreover, the Board notes that the Veteran's personnel records and the deck logs of the USS Nimitz confirmed that a sailor was involved in a flight deck incident as described by the Veteran. The Veteran has not yet been provided a VA examination relevant to his claim on appeal. Given the above summarized facts, the Board believes it prudent to remand his case to schedule the Veteran for a VA examination to determine the nature and etiology of his claimed acquired psychiatric disorders, and to allow the Veteran to submit any additional evidence on his behalf regarding her in-service assault. 2. Entitlement to a TDIU is remanded. As the Board is remanding the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, anxiety, and depression, any action on his claim for a TDIU would be premature. Instead, that issue is inextricably intertwined with the service connection issue, and it must be remanded as well. The matters are REMANDED for the following actions: 1. Provide the Veteran with notification that his claim for service connection for PTSD may be corroborated by the submission of additional evidence from sources other than her service records. 2. Schedule the Veteran for appropriate the VA examination to determine the nature and possible relationship to service of his claimed psychiatric disorder. The evidence of record, to include a copy of this Remand, must be made available to the examiner and the examiner must indicate that the pertinent medical records and lay statements have been reviewed. Following a review of the record, the examiner must address the following: (a) Provide diagnoses for all current psychiatric disabilities, to include those noted during the appeal period. (b) If you find that the Veteran currently suffers from PTSD, please state whether it is at least as likely as not that this disorder is related to any confirmed in-service stressor, include the claimed MST and the reported flight deck accident. (c) If you find that the Veteran suffers from a psychiatric disorder other than PTSD, then state whether it is at least as likely as not that this disorder or disorders had their onset during or are otherwise related to the Veteran's active service, to include the claimed MST and the reported flight deck accident. (Continued on next page) A complete rationale is required for all opinions offered by the reviewing examiner. Evan M. Deichert Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J.R. Higgins 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.