Citation Nr: 21008874 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 15-29 594 DATE: February 18, 2021 REMANDED Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. Entitlement to service connection for seasonal affective disorder is remanded. Entitlement to service connection for cyclothymic disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from March 1999 to June 2011. The claim was most recently before the Board in April 2020 when it was remanded for further development. There has not been substantial compliance with the remand directives and another remand is required. Stegall v. West, 11 Vet. App. 268 (1998). A review of the Veteran’s VA treatment records show that she has received counseling at an area Vet Center. There has been no effort to obtain these outstanding records despite the Board’s prior remand instructions. Remand is needed to comply with the Board’s request. The Veteran maintains she suffers from PTSD – in addition to her already service-connected major depressive disorder – as due to various aspects of her active service. Specifically, in October 2018, she reported having been sexually assaulted by a Marine in her unit, having been degraded and berated by her command after coming back from maternity leave, and having been subject to ongoing sexual harassment. She reported that her performance went down drastically, and she suggested that this can be seen in her training records and fitness evaluations. VA treatment records show that the Veteran has a past medical history that includes PTSD. Remand is needed to develop the Veteran’s service connection claim in accordance with the special alternative evidentiary development procedures associated with personal assault claims as noted in 38 C.F.R. § 3.304 (f)(5). After any development required by the Veteran’s response to that notification, she must be provided a VA examination. The matters are REMANDED for the following action: 1. Develop the Veteran’s claim for service connection for PTSD, to include as due to military sexual trauma, in accordance with the special alternative evidentiary development procedures associated with personal assault claims as noted in 38 C.F.R. § 3.304 (f)(5). 2. Obtain all the Veteran’s available Vet Center records. A March 2020 VA psychiatry attending note reflects the Veteran’s reports of having received treatment at the Vet Center in Secaucus, New Jersey as recently as 2018. 3. After completion of the above, schedule the Veteran for an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) with an appropriate clinician to determine the nature and likely etiology of any diagnosed psychiatric condition, other than the already service-connected major depressive disorder. The examiner must assess whether there are indications that a sexual assault occurred in service, and, if so, the likelihood that the Veteran’s currently diagnosed psychiatric condition is related to this assault. A clinical examination and all indicated testing should be conducted. The electronic record must be made available to the examiner for review. Based on the examination and review of the record, the examiner should provide opinions to the following questions. (a) Are there indications (e.g. behavioral changes) that the Veteran experienced sexual trauma during active service? The examiner should address whether any behavioral changes tend to suggest that a traumatic event occurred during service. (b) In answering this question, the examiner should review the complete record, including the Veteran’s response to the request for information and her service personnel records. (c) If PTSD is diagnosed, is it at least as likely as not (i.e., probability of 50 percent or more) that it was incurred or aggravated as a result of the reported sexual assault or other incident during service? The examiner should offer an opinion as to whether the reported in-service stressor is sufficient to support a diagnosis of PTSD. (d) For any diagnosed psychiatric conditions other than PTSD, is it at least as likely as not (i.e., probability of 50 percent or more) that any diagnosed condition other than her service-connected major depressive disorder had its onset in service or is otherwise related to her active duty military service, to include her reports of experiencing military sexual trauma in service? All opinions must be accompanied by a complete rationale. If the examiner is unable to reach an opinion without resort to speculation, he or she should explain the reasons for this inability and comment on whether any further tests, evidence, or information would be useful in rendering an opinion. M. E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jack S. Komperda, 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.