Citation Nr: 21015068 Decision Date: 03/16/21 Archive Date: 03/16/21 DOCKET NO. 16-14 035 DATE: March 16, 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 April 1982 to April 1985. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued in January 2014 by a Department of Veterans Affairs (VA) Regional Office. In June 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. In October 2019 and November 2020, the Board remanded the claim for additional development and it now returns for further appellate review. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. Pursuant to the November 2020 Remand, the Veteran underwent VA examination to determine the nature and etiology of his claimed acquired psychiatric disorder later that month. At such time, the examiner found that the Veteran met the criteria for a diagnosis of PTSD, but found that such was as a result of his service as first responder with the New Jersey Fire Department in the aftermath of 9/11. In doing so, the VA examiner determined the Veteran’s reported in-service stressor of being onboard the USS Garcia when she fired her gun mounts did not meet Criterion A to support the diagnosis of PTSD. Specifically, she noted DPRIS confirmed the Veteran’s presence aboard the USS Garcia when she fired her 5” gun mount in support of eliminating the threat to her debarked marines in February 1984. However, with respect to the Veteran’s report of seeing photos of the aftermath, the VA examiner found the passing of photographic materials in the enlisted berthing would be highly unlikely and, furthermore, such photos would be highly classified. In this regard, the Board noted in the November 2020 Remand that, because the Veteran had reported learning of, and seeing photos of, the destruction caused by his Naval vessel’s military action while he was aboard, his stressor had been sufficient corroborated. Consequently, the Board finds the November 2020 VA examiner’s opinion was at least partially predicated on an inaccurate factual premise and, thus, is insufficient upon which to determine entitlement to service connection. See Reonal v. Brown, 5 Vet. App. 458, 461 (1993) (holding that the Board may reject a medical opinion based on an inaccurate factual basis). Therefore, a remand is warranted for an addendum opinion to consider whether the Veteran’s corroborated stressor is adequate to support his diagnosis of PTSD and, if so, whether the latter is related to the former. The matter is REMANDED for the following action: Return the record to the VA examiner who conducted the November 2020 VA examination, or an appropriate substitute if unavailable, for an addendum opinion regarding the nature and etiology of the Veteran’s PTSD. The need for additional examination of the Veteran is left to the discretion of the clinician selected to provide the opinion. Following a review of the record, the clinician should offer an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran’s PTSD is the result of his verified in-service stressor of his Naval vessel, the USS Garcia, firing upon Beirut, Lebanon, in February 1984. In this regard, the clinician should note VA has acknowledged that the Veteran viewed photographs of the destruction caused by his Naval vessel’s weapons. A rationale should be provided for an opinion offered. A. JAEGER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. M. Celli, 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.