Citation Nr: 21075819 Decision Date: 12/21/21 Archive Date: 12/21/21 DOCKET NO. 18-32 420 DATE: December 21, 2021 REMANDED The claim for service connection for an acquired psychiatric disorder, to include major depressive disorder and generalized anxiety disorder is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from August 1987 to August 1990. His military personnel records (DD214) show that he served on U.S.S. Wisconsin (EB-64). He is seeking service connection for an acquired psychiatric disorder, to include major depressive disorder and generalized anxiety disorder which he believes resulted from an in-service stressor, namely witnessing a murder of his fellow sailor (see 7/17/2013 document entitled VA-21-4138 Statement in Support of Claim). He provided a copy of Jackson County Court reporter's affidavit confirming that he was a witness testified at the murder trial (see 8/30/2013 document entitled "Court Documents-General"). He also submitted the murder case appeal documents identifying the murder victim as a sailor associated with U.S.S. Wisconsin and the time of the murder as September 1988 (see 1/29/2015 document entitled "Medical Treatment Record - Non-Government Facility"). A June 2019 Board decision denied service connection for an acquired psychiatric disorder. The Veteran appealed to the United States Court of Appeals for Veterans Claims (Court). In January 2021, the Court issued a Memorandum Opinion vacating the June 2019 Board decision. The Court found that the Board failed to consider potentially favorable evidence, namely the Jackson Country Court Reporter's affidavit and murder case appeal documents, and that the Board failed to assist the Veteran in obtaining a copy of the murder trial transcript after he provided documents showing the names of the victim and the murderer, the date of the murder, and date of the trial and place of the trial. The Court remanded the claim to the Board for further development and evaluation as to whether the Veteran's alleged stressor is corroborated and whether a VA psychiatric examination is warranted. Of note, the Veteran's representative provided the Court with a copy of relevant pages of the murder trial transcript showing the Veteran's testimony at the trail (see 1/29/2021 document entitled "CAVC decision" pp 28-36). According to the Veteran's trial testimony, in September 1988 (after he deboarded the U.S.S. Wisconsin), he witnessed a gunshot being fired at his fellow sailor without hurting him, and moments later, he heard another sailor (the murder victim) was shot in close proximity. The murder case documents corroborated an in-service traumatic event that the Veteran experienced, that is witnessing a gunshot directed at one of his fellow sailors and subsequently heard about another sailor being shot to death in close proximity (Shooting Incident). As such, an in-service stressor is corroborated. In addition, VA treatment records show that he was diagnosed with major depressive disorder and generalized anxiety disorder. Accordingly, a VA psychiatric examination is warranted. The matter is REMANDED for the following actions: 1. Obtain VA treatment records from April 2018 to the present. 2. Schedule the Veteran for a VA psychiatric examination with a VA psychiatrist or psychologist (or a psychiatrist or psychologist that VA has contracted with). The examiner should diagnose any current acquired psychiatric disability, to include major depressive disorder and generalized anxiety disorder. If an acquired psychiatric disability is diagnosed, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's acquired psychiatric disability either began during or was otherwise caused by his military service, to include the corroborated in-service Shooting Incident discussed above? Why or why not? If post-traumatic stress disorder (PTSD) is diagnosed, the examiner should opine as to whether it is at least as likely as not (50 percent or greater probability) that the Veteran's PTSD was caused by any in-service stressor, to include the corroborated in-service Shooting Incident discussed above? Why or why not? MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Q. Wang, Associate 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.