Citation Nr: 21006183 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 12-29 251 DATE: February 3, 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 in the United States Army from September 1976 until December 1980. He received a discharge under other than honorable conditions for his period of service from September 1979 until December 1980. The Veteran is entitled to all benefits administered by the VA based on his service from September 30, 1976 until September 29, 1979. See September 1981 and October 1982 Administrative Decisions. The Veteran has additional service in the Reserves. The Veteran testified at a hearing before the undersigned Veterans Law Judge in January 2015. A transcript of that hearing is of record. The Board of Veterans’ Appeals (Board) denied the claim in a July 2019 decision. The Veteran subsequently appealed that decision to the United States Court of Appeals for Veteran Claims (CAVC). In a June 2020 Order, CAVC granted a Joint Motion for Remand (JMR), vacating and remanding the July 2019 Board decision. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded. The Veteran asserts that his diagnosed acquired psychiatric disorder is etiologically related to service. The claim is remanded to obtain another medical opinion because the March 2018 VA opinion considered in the prior Board decision is inadequate. The basis for that opinion was an absence of documented treatment during service and for many years after service. However, the opinion did not appear to consider all pertinent facts. Treatment reports show an initial diagnosis of a depressive disorder in VA records was in March 2002. At that time, the Veteran reported onset of depression was “about 10 to 11 years prior.” It also appears that the examiner did not consider in-service treatment for alcohol abuse in March 1980, November 1979, and October 1979 and recurrent hyperventilation in November 1979, October 1979, and November 1977 as potential symptomatic expressions of depression. Although this treatment took place during the time period for which the Veteran is barred from receiving VA benefits, the in-service events the Veteran identified as precipitating his acquired psychiatric disorder occurred between June 1977 and July 1978, which are within his period of active service for which he is entitled to received VA benefits. The most recent VA treatment records in the file are from September 2018. On remand, updated treatment records should be obtained. Bell v. Derwinski, 2 Vet. App. 611 (1992). The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from September 2018 to the Present. 2. After completion of the foregoing, obtain an addendum opinion from an appropriate clinician regarding the likely etiology of the any diagnosed psychiatric disability. If the opinion provider determines such an opinion cannot be provided without examination of the Veteran, one should be scheduled. After reviewing all pertinent documents and conducting any testing or studies necessary, the examiner is asked to answer the following: (a) Identify all diagnosed psychiatric disorders. (b) If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to an in-service stressor. (c) For any other acquired psychiatric disorders diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to the Veteran’s service. In answering the above, the opinion provider must consider, and discuss as appropriate, the following: (i) the Veteran witnessing multiple racially-motivated fights between African Americans and Caucasians in Nurnberg, Germany in June 1977; (ii) the Veteran witnessing the stabbing of an acquaintance leaving a nightclub in June 1977; (iii) a knife fight in which the Veteran was attacked in the barracks in February 1978; (iv) the Veteran witnessing the death of a fellow service member in an armored personnel carrier incident in July 1978, and physical violence, or the threat of physical violence, experienced by the Veteran in July 1978 on the streets of Nurnberg, Germany, and: (v) the Veteran’s report that his capacity to serve was impaired by family problems which manifested in alcohol abuse as well as the Veteran’s treatment for alcohol intoxication and abuse and recurrent hyperventilation following the reported events enumerated above. All provided opinions must be supported by complete rationale. If the opinion provider cannot provide a requested opinion, they should say why. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.D. Collins, 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.