Citation Nr: 21011335 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 11-13 781 DATE: March 1, 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 August 1969 to October 1971. In June 2019 the Board of Veterans’ Appeals (Board) issued a decision that denied entitlement to service connection for an acquired psychiatric disorder, to include PTSD. The Veteran appealed the Board’s decision to the Court of Appeals for Veterans Claims (Court). In an August 2020 order, the Court granted a Joint Motion for Remand and vacated the Board’s decision. The matter returns to the Board for further action consistent with the Joint Motion for Remand. Prior to this remand, in a December 2020 filing, the Veteran’s representative argued that the Board should grant entitlement to service connection for PTSD by using the Veteran’s February 2017 private medical opinion. The Board cannot solely base a grant for PTSD off a medical opinion from private examiner when the Veteran is claiming a stressor that is related to the veteran’s fear of hostile military or terrorist activity, as the Veteran is requesting here. When the Veteran claims a stressor that is related to the veteran’s fear of hostile military or terrorist activity, the Board may only grant using a medical opinion from a VA psychiatrist or psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of posttraumatic stress disorder and that the veteran’s symptoms are related to the claimed stressor.” See 38 C.F.R. § 3.304(f)(3). As such, the Board finds that remand is proper. 1. Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) is remanded. Remand is required to ensure compliance with the Court's August 2020 order granting the parties’ Joint Motion for Remand (JMR). The parties to the JMR determined that the Board erred when relying on an inadequate medical opinion to make its decision. Specifically, the Board erred in failing to obtain a VA medical opinion that is based on Appellant’s claimed in-service stressors of being ambushed and of fearing for his life. The JMR concluded that the Board “should order a new VA examination or opinion that explains whether Appellant’s claimed stressors satisfy [38 C.F.R. §] 3.304(f)(3).” See Joint Motion for Remand, dated August 18, 2020. As such, remand is appropriate. The matters are REMANDED for the following action: 1. Return the claims file to an examiner of appropriate expertise to issue an addendum medical opinion. If necessary, the examiner may schedule an additional examination of the Veteran. 2. Upon completion of the review of the claims file, the examiner must provide an opinion as to whether it is at least as likely as not (i.e., a probability of 50 percent or greater) that the claimed acquired psychiatric disorder, to include posttraumatic stress disorder, is related to an in-service injury or disease. In particular, the examiner must discuss whether the claimed stressor is adequate to support a diagnosis of posttraumatic stress disorder and that the veteran’s symptoms are related to the claimed stressor, as discussed in 38 C.F.R. § 3.304(f)(3). Review of the entire claims file is required. A complete rationale for any opinions expressed must be provided. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jonah Nelson, 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.