Citation Nr: 21014590 Decision Date: 03/15/21 Archive Date: 03/15/21 DOCKET NO. 16-21 824 DATE: March 15, 2021 REMANDED Entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD), is remanded. Entitlement to total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is remanded. REASONS FOR REMAND The Veteran contends that he developed a psychiatric disability, claimed as PTSD, related to in-service stressor events. During the pendency of the appeal, examiners have diagnosed the Veteran as having PTSD and major depressive disorder. As the Veteran is seeking service connection for any diagnosed psychiatric disability, the Board finds that the claim should be classified as one of service connection for a psychiatric disability. Clemons v. Shinseki, 23 Vet. App. 1 (2009). 1. Entitlement to service connection for a psychiatric disability, to include PTSD, is remanded. In February 2014, the Agency of Original Jurisdiction issued a memorandum, determining that the file did not contain sufficient information to allow for verification of the stressful events described by the Veteran. Specifically, in the memorandum, VA stated that the record of evidence did not contain any notation suggesting that the Veteran served in combat during service. The Board notes that the Veteran has never claimed to have served in combat. Moreover, at the time of the issuance of the February 2014 memorandum, the Veteran had not filed a VA stressor verification form reporting the details of any in-service stressor incident. Subsequently, in March 2014, the Veteran submitted a stressor statement, detailing the events of a claimed stressor incident. Specifically, the Veteran stated that, on October 3, 1970, he was part of a team tasked with collecting body parts after a plane crash in Taipei, Taiwan. The record contains no indication that VA attempted to verify this stressor incident. A remand is necessary to attempt stressor verification. Additionally, at a March 2020 videoconference hearing, the Veteran detailed an in-service incident during which he found the partial remains of a pilot who had committed suicide. As part of this remand, the Veteran should be allowed the opportunity to provide additional information that might allow for verification of that incident. In June 2020, the Board remanded the claim for the scheduling of a VA psychiatric examination to determine the nature and etiology of any diagnosed psychiatric disability. In a subsequent October 2020 VA psychiatric examination report, a VA examiner, having examined the Veteran, found that the Veteran did not have a current psychiatric disability. The examiner opined that the claimed psychiatric disability was less likely than not related to service. The Board notes that, in private psychiatric reports submitted during the pendency of the appeal, private examiners diagnosed the Veteran as having symptoms consistent with both PTSD and a major depressive disorder. The Board notes that service connection may be established for any chronic disability diagnosed during the pendency of the appeal, even if that disability ceases to be symptomatic. The examiner did not comment on whether PTSD and major depressive disorder were both valid and related to service. A remand is necessary to schedule an additional examination. Additionally, the Veteran has submitted additional VA treatment records, indicating treatment and diagnosis for a major depressive disorder since the provision of the October 2020 VA psychiatric examination. A remand is necessary to obtain any additional VA treatment records. 2. Entitlement to TDIU is remanded. Finally, because a decision on the remanded issue of entitlement to a psychiatric disaibility could significantly impact a decision on the issue of entitlement to TDIU, the issues are inextricably intertwined. A remand of the claim for entitlement to TDIU is required. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from March 2020 to the present. 2. Attempt to corroborate the Veteran’s in-service stressors, to include an October 3, 1970, incident in which the Veteran reportedly collected body parts following a plane crash and the incident during which the Veteran found the partial remains of a pilot after a death by suicide. If more details are needed, to specifically include details regarding the incident involving the pilot’s suicide, contact the Veteran to request the information. 3. Schedule the Veteran for an examination by a VA psychiatrist or psychologist who has not previously examined the Veteran to determine the nature and etiology of any psychiatric disability diagnosed during the pendency of the appeal, dating to March 2013. The examiner should review the entire claims file, to include the service medical records; the post-service treatment records; the March 2014 neuropsychological report, in which a private examiner stated that the Veteran’s presentation was consistent with PTSD and a major depressive disorder; the December 2020 VA mental health telephone encounter, diagnosing a major depressive disorder and rule-out PTSD; and the Veteran's lay statements. After a review of the claims file, an interview with the Veteran, and an examination, the examiner should offer the following opinions: (a.) Diagnose all psychiatric disabilities and note all psychiatric disabilities diagnosed during the pendency of this claim, dating to March 2013. If current diagnoses conflict with prior diagnoses, or do not include prior diagnoses, reconcile the current diagnosis with previous diagnoses. The examiner should specifically state whether or not a diagnosis of PTSD is warranted and should specifically state whether or not each criterion for a diagnosis of PTSD is met. (b.) If PTSD is diagnosed, is it at least as likely as not (50 percent or greater probability) that the disability is related to a corroborated in-service stressor event? (c.) For each psychiatric disability other than PTSD diagnosed during the pendency of the appeal, dating to March 2013, is it at least as likely as not (50 percent or greater probability) that each psychiatric disability is related to service or any incident of service? (d.) For any psychosis diagnosed during the pendency of the appeal, dating to March 2013, is it at least as likely as not (50 percent or greater probability) that the disability (1) began during the Veteran's active service, (2) manifested within one year of the Veteran's May 1972 separation from service, or (3) was noted during service with continuity of the same symptomatology since service? 4. Then, readjudicate the issues on appeal, including the issue of entitlement to TDIU. If any decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board. Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T.M. Gillett 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.