Citation Nr: 21075782 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 17-39 266 DATE: December 21, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depression, anxiety, and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active duty service from January 1987 to July 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) rating decisions in January 2015 and December 2015. In August 2021 the Veteran appeared before the undersigned Veterans Law Judge at a Board hearing. A transcript of that hearing has been reviewed by the Board, and has been associated with the claims file. Additionally, the Board notes that in Clemons v. Shinseki, 23 Vet. App. 1 (2009), the United States Court of Appeals for Veterans Claims (Court) held that VA must construe service connection claims to include any disability or symptoms that may be reasonably encompassed by the claimant's description of the claim. A review of the Veteran's treatment records reveal that the Veteran has been diagnosed with anxiety and depression. As such, in order to account for all of the Veteran's mental health symptoms, the Veteran's claims of entitlement to service connection for PTSD, anxiety, and depression have been recharacterized as a claim of entitlement to service connection for an acquired psychiatric disorder to include anxiety, depression, and PTSD. Specifically, the Board finds that the Veteran's October 2015 notice of disagreement preserved his acquired psychiatric disorder claim and that the claims for service connection for anxiety and depression are not "new claims" per the December 2015 rating decision, but rather a continuation of his original claim for an acquired psychiatric disorder. Entitlement to service connection for a psychiatric disorder is remanded The Veteran contends that his acquired psychiatric disorder began during active duty service. VA and private treatment records show that the Veteran has been diagnosed with depression and anxiety. During his August 2021 Board hearing, the Veteran stated that after returning from his deployment during Operation Desert Storm he began to isolate and have nightmares. He reported that his symptoms have been continuous since active service when he returned from his deployment to Saudi Arabia. In a 2015 statement, the Veteran's ex-wife noted that when the Veteran returned from his deployment to Saudi Arabia, he was depressed, would often avoid interaction with others, and had difficulty sleeping, which were unusual as he did not experience these symptoms prior to his deployment. Also, he had nightmares and rapid mood changes. The Board notes that the December 2014 VA examiner who opined that the Veteran did not have a diagnosis of PTSD which conformed to the DSM-V criteria; based her opinion on a lack of psychiatric symptomatology. However, the recent evidence demonstrates that the Veteran has experienced psychiatric symptomatology since his military service. Further, no VA examiner provided an opinion on whether his diagnosed anxiety and depression are etiologically related to his active service when considering the recent lay evidence. Based on the above, the Board finds that a remand is necessary to obtain a VA examination to ascertain the nature and etiology of the Veteran's claimed psychiatric disorder. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the etiology of any psychiatric disorder, including anxiety and depression. The record and a copy of this remand must be reviewed by the examiner. The examiner is requested to identify all psychiatric disorders found to be present. As to each diagnosed psychiatric disorder, the examiner should opine whether it is at least as likely as not that such disorder had its onset in service or is otherwise related to the Veteran's military service. If a psychosis is diagnosed, the examiner should opine as to whether it at least as likely as not (1) began during active service, (2) manifested within one year after discharge from service, or (3) was noted during service with continuity of the same symptomatology since service. The examiner should address the Veteran's contention that he has had continuous depression and anxiety since his active service and his ex-wife's April 2015 statement noting behavioral changes after being deployed during Operation Desert Storm, as well as provide a complete rationale for all opinions expressed and conclusions reached. (Continued on the next page) If it is not possible to provide an opinion regarding symptoms, or functional impairment without speculation, the examiner must state whether the need to speculate is due to a deficiency in the state of general medical knowledge (no one could respond given medical science and the known facts) or a deficiency in the record (additional facts are required) S. L. Kennedy Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Costello, 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.