Citation Nr: 21006779 Decision Date: 02/05/21 Archive Date: 02/05/21 DOCKET NO. 12-08 081 DATE: February 5, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), depressive disorder, and anxiety disorder is remanded. REASONS FOR REMAND This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2011 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. In August 2013, the Veteran appeared at a hearing before the undersigned Veterans Law Judge (VLJ). A transcript of the hearing is of record. This matter was previously before the Board in December 2014, June 2015, and July 2015, at which time the Board issued a final decision. The Veteran then appealed that decision to the United States Court of Appeals for Veterans Claims (CAVC or Court). In July 2017, a memorandum decision was issued which set aside the July 2015 Board decision, and the case was returned to the Board. Thereafter this matter was remanded by the Board in April 2018, in accordance with the Veteran’s desire to have the Agency of Original Jurisdiction (AOJ) reconsider the evidence of record, including the Brief for Appellant and the Reply Brief for the Appellant submitted by his attorneys to the CAVC; the Rule 33 Staff Conference Memorandum from the Veteran’s attorneys before the Court; as well as the Court’s July 2017 Memorandum Decision. The AOJ continued to deny the claim and the issue was returned to the Board. The Board again denied the Veteran’s claim in an August 2019 decision. The Veteran then again appealed that decision to the Court. In June 2020, a Joint Motion for Remand (JMR) was issued which set aside the August 2019 Board decision, and the case was returned to the Board. As noted in the JMR, the Veteran has previously advanced several potential stressor events to the form the basis for his PTSD claim. Namely those events, per his April 2011 stressor statement, have included a description of having a box of explosives thrown at him during a practical joke, witnessing burning huts (which he has later indicated that included hearing the screams of children), and witnessing a burning human (which he has later indicated was a woman who self-immolated in the kneeling position). However, as also noted in the JMR, the RO has previously only attempted to verify one of those stressors (the box throwing event), as seen in the June 2011 VA RO’s Joint Services Records Research Center (JSRRC) coordinator. As required by the JMR, the Veteran’s remaining stressors should also be afforded a proper inquiry via a JSRRC search. Accordingly, the Veteran’s claims file should be returned to the RO so that all appropriate steps to verify the Veteran’s stressors of witnessing burning huts and witnessing a burning human during his service in Korea may be undertaken. In so doing, the RO should provide a memorandum showing all the evidence considered and steps taken. Additionally, as noted in the JMR, the claims file included a June 2012 private psychiatric examination in which the Veteran was diagnosed to have depressive disorder, not otherwise specified. However, neither this examination or any subsequent VA examination or medical treatment records has discussed a nexus for this disorder. As the Veteran’s claim encompasses any acquired psychiatric disorder, the Board finds that it is necessary to obtain an etiological opinion to ascertain any potential for nexus to military service disease or injury. Accordingly, the Veteran’s claims file should be returned to the March 2015 VA examiner for an addendum opinion to discuss the etiology of the diagnosed depressive disorder, not otherwise specified. A complete rationale for any opinions rendered must be provided. The matters are REMANDED for the following action: 1. Obtain any outstanding VA treatment records for inclusion in the electronic claims file. 2. Take all appropriate steps to verify the Veteran’s stressors of witnessing burning huts and witnessing a burning human during his service in Korea. As required by the JMR, this is to include inquiry with JSRRC. In so doing, the RO should create a memorandum showing all the evidence considered and steps taken and associate this memorandum with the claims file. 3. Thereafter, seek an addendum medical opinion from an appropriate clinician to address whether it is at least as likely as not (50 percent probability or greater) that the Veteran's depressive disorder, not otherwise specified, as identified in the June 2012 private psychiatric examination, manifested in service or is otherwise related to an in-service disease or injury. If an examination is deemed necessary to respond to the question presented, one should be scheduled. The claims file should be provided to the person giving the opinion. (Continued on the next page)   The examiner should provide a complete rationale for any conclusion expressed. 4. Readjudicate the appeal. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Dodd, Ryan 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.