Citation Nr: 21011963 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 181009-1132 DATE: March 3, 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 in the U.S. Army from April 1974 to August 1974 and from August 1976 to February 1977. The Veteran selected the Higher-Level Review lane when he submitted the RAMP election form. Accordingly, the April 2018 RAMP rating decision considered the evidence of record as of the date VA received the RAMP election form. The Veteran timely appealed this RAMP rating decision to the Board and requested direct review of the evidence considered by the Agency of Original Jurisdiction (AOJ). In an April 2019 decision, the Board denied entitlement to service connection for PTSD, also claimed as anxiety and depression. The Veteran then appealed the decision as to that claim to the United States Court of Appeals for Veterans Claims (Court). In a July 2020 memorandum decision, the Court vacated and remanded the claim to the Board for readjudication in accordance with the Order. In its memorandum decision, the Court more specifically concluded that the Board had failed to provide an adequate statement of reasons and bases with respect to its determination that VA need not provide the Veteran with a medical examination in connection with his claim. The Board notes that the issue on appeal was characterized as entitlement to service connection for PTSD, also claimed as anxiety and depression. However, in light of the evidence of record, the Board has recharacterized the issue more broadly to ensure complete consideration of the claim. See Clemons v. Shinseki, 23 Vet. App. 1, 5-6, 8 (2009). Entitlement to service connection for an acquired psychiatric condition, to include PTSD As the Veteran’s medical records establish persistent symptoms an acquired psychiatric condition, and there is an indication, through assertions of the Veteran, that it could be related to service, the Board finds that a medical examination with an opinion is necessary to decide the claims. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 70 (2006). Specifically, a remand is required to afford the Veteran VA examinations to determine the nature and etiology of any currently diagnosed acquired psychiatric condition. The matters are REMANDED for the following action: Schedule the Veteran for a VA examination to determine the nature and etiology of any current acquired psychiatric disorder, to include PTSD. Any and all studies, tests, and evaluations deemed necessary by the examiner should be performed. The claims folder should be reviewed by the examiner, who should acknowledge such review in the examination report. The examiner should identify all current acquired psychiatric disorders, to include PTSD. If any previously diagnosed acquired psychiatric disorder (to include PTSD) is not found on current examination, the examiner should address those prior diagnoses of record and indicate whether they may have resolved or been misdiagnosed. (a) For each diagnosis identified other than PTSD, the examiner should state whether it is at least as likely as not (i.e. a 50 percent probability or greater) that such disorder manifested in, or is otherwise related to, the Veteran’s military service. (b) With respect to any diagnosis of PTSD, the examiner should address whether such a disability is at least as likely as not (i.e. a 50 percent probability or greater) due to exposure to an actual confirmed in-service stressor. The Veteran is competent to attest to matters of which he has first-hand knowledge, including observable symptomatology. If there is a medical basis to support or doubt the history provided by the Veteran, the examiner should provide a fully reasoned explanation. A complete rationale should be given for all opinions and conclusions expressed. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made. Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Daniels, 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.