Citation Nr: 21011463
Decision Date: 03/01/21	Archive Date: 03/01/21

DOCKET NO. 17-24 830
DATE: March 1, 2021

REMANDED

Service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and major depressive disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1980 to April 2000.

This matter is before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision of a Department of Veterans Affairs Regional Office.

In February 2021, the Veteran testified at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing will be associated with the claims file at a later date.

The Board finds that remand is necessary to obtain a new VA examination to properly adjudicate the claim.  Specifically, the Veteran was provided a VA examination in 2010, at which time he was diagnosed with major depressive disorder, in remission, which was found to be less likely than not related to claimed in-service stressors.  While the Veteran had previously been diagnosed with PTSD, the VA examiner explicitly found he did not meet the criteria for PTSD at the time of examination.  VA records subsequent to this examination indicate that the Veteran has a diagnosis of PTSD.  Therefore, remand is necessary to obtain a new examination and opinion which considers the diagnosis and all evidence of record.

The matter is REMANDED for the following action:

1. Associate any pertinent VA or private medical records that are not already of record with the claims file.

2. Schedule the Veteran for a VA examination to determine the nature and etiology of any diagnosed psychiatric disability, to include PTSD and major depressive disorder.  The examiner must review the claims file and should note that review in the report.  The examiner should opine whether it is at least as likely as not (50 percent probability or greater) that any diagnosed psychiatric disability had its onset in service, or is etiologically related to service or any event, injury, or disease during service.  The examiner should also state whether there is any evidence of a psychiatric disability within one year following separation from service.  The examiner should address the Veteran’s statements regarding fear of being engaged by Iraqis and being awoken by the sound of exploding missiles while serving in a combat zone.  A complete rationale for all opinions should be provided.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	H. Ahmad, 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.