Citation Nr: A21020546 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 190520-32468 DATE: December 27, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from May 1997 to July 2005. On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105 (2017), also known as the Appeals Modernization Act (AMA). This law creates a new framework for Veterans dissatisfied with VA's decision on their claim to seek review. The Veteran chose to participate in VA's test program RAMP, the Rapid Appeals Modernization Program. The Veteran requested direct review of the evidence considered by the RO in its January 2019 confirmation and continuation of its previous denial of service connection for PTSD. In December 2019, the Board denied the claim herein on appeal, which denial the Veteran appealed to the Court of Appeals for Veterans' Claims (Court). In an April 2021 Memorandum Decision, the Court vacated the Board's December 2019 decision, and has remanded the matter to the Board for action consistent with the Memorandum Decision. 1. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD is remanded. Pursuant to the Court's April 2021 Memorandum Decision which found the three VA examinations of record inadequate, the Board must remand this matter in order to secure an adequate VA examination and medical opinion with respect to the presence and etiology of PTSD. The record contains several diagnoses of PTSD during the appeal period, furnished by treating VA providers. In contrast, the three VA examiners agreed that the Veteran does not have PTSD. On remand, a new VA examination must be conducted and clarity obtained as to the presence of PTSD and, specifically, any finding that the Veteran does not have PTSD must be reconciled adequately with the treating providers' diagnoses. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of any psychiatric disorder that may be present. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed, including PTSD sub scales. The examiner is requested to review all pertinent records associated with the claims file, including the Veteran's service treatment records, post-service medical records, and statements. It should be noted that the Veteran is competent to attest to factual matters of which he had first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. (a.) The examiner should identify all current psychiatric disorders. He or she should specifically indicate whether the Veteran has PTSD or not. If it is determined that the Veteran does not have PTSD, that finding must be reconciled thoroughly with the PTSD diagnoses of record. (b.) For each diagnosis identified other than PTSD, the examiner should state whether it is at least as likely as not (a 50 percent or greater probability) that the disorder manifested in or is otherwise related to the Veteran's military service, including any symptomatology therein. (CONTINUED ON NEXT PAGE) (c.) Regarding PTSD, the examiner may only consider those in-service stressors that have been conceded, including military sexual trauma, fear of hostile military activity while serving in Iraq, and fear for his life while serving aboard a ship dispatched to aid the USS Cole after it had been attacked, in determining whether the diagnosis of PTSD has been satisfied. TIFFANY HANSON Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Z. Sahraie, 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.