Citation Nr: 21007589 Decision Date: 02/10/21 Archive Date: 02/10/21 DOCKET NO. 18-37 991 DATE: February 10, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for chronic ulcers is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from September 1997 to December 1997, and in the United States Marine Corps from September 2005 to December 2005. These matters were remanded in an August 2018 Board of Veterans’ Appeals (Board) decision. Subsequently, Board decision denied these claims in an August 2019 decision. The Veteran appealed the August 2019 decision to the Court of Appeals for Veterans Claims (Court). In September 2020, the Court approved a joint motion for partial remand (JMPR) with regards to these claims. In the JMPR, the parties stipulated that there was an inadequate statement of reasons or bases for denying these claims. The case has now been returned to the Board. 1. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. In its August 2019 denial for service connection for PTSD, the Board found no evidence that the Veteran had been diagnosed as suffering from this particular disability. However, as noted in the JMPR, the record contains August and October 2017 treatment records from Highland Rivers documenting a PTSD diagnosis, and an October 2017 treatment record from Redmond Medical Center noting PTSD in a medical history section. The identified stressor in the January 2014 statement in support of claim alleges the Veteran experienced an in-service personal assault in 2005. In the August 2019 Board decision that denied entitlement to service connection for PTSD, the Board also remanded a claim of entitlement to service connection for a psychiatric disorder other than PTSD. The Veteran underwent a VA examination in March 2020, but the examiner there did not diagnose the Veteran as suffering from PTSD, nor did she explicitly discuss the records that contained PTSD diagnoses. In light of these facts, the Board finds further development is needed for this claim. The Veteran must be provided the opportunity to describe his claimed stressor, and an updated VA opinion is required. 2. Entitlement to service connection for chronic ulcers is remanded. As stipulated to in the JMPR, the claim warrants remand for any outstanding private treatment records that are relevant for chronic ulcers before the Board can address this claim. Accordingly, this claim is remanded for such. As the claims are being remanded, the Veteran is entitled to submit additional evidence and argument in support of his claims. The matters are REMANDED for the following action: 1. Ask the Veteran to complete a VA Form 21-4142 for any outstanding treatment records related to his psychiatric disability or chronic ulcer condition. Make two requests for the authorized records from any identified facilities unless it is clear after the first request that a second request would be futile. 2. Provide the Veteran the opportunity to describe his claimed in-service stressors for PTSD. Perform any necessary development stemming from any response received. 3. After the Veteran’s reported stressors have been developed (if necessary), obtain an opinion as to whether the Veteran’s claimed PTSD is related to his active service. The Veteran’s claims file, including a copy of this remand, must be reviewed prior to offering the below requested opinions. If the reviewing examiner determines that an opinion may not be offered without first examining the Veteran, then schedule the Veteran for an appropriate examination. Regardless of whether an examination is performed, the examiner is to answer the following questions: a. Is the Veteran currently diagnosed as suffering from PTSD, or is a PTSD diagnosis appropriate for his psychiatric symptoms at any time since 2013? In answering this question, the examiner must acknowledge and discuss the records from Highland Rivers and Redmon Medical Center that contain diagnoses of PTSD. b. If you find that a PTSD diagnosis is not appropriate or not indicated, explain what elements of that diagnosis are not shown. c. If you find that the Veteran currently suffers from PTSD, or that he has suffered from PTSD at any point since 2013, then state whether it is at least as likely as not that this diagnosis is related to any confirmed in-service stressor from either period of active service. A complete rationale is required for all requested opinions. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. C. KING, 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.