Citation Nr: 21015856 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 13-35 467 DATE: March 18, 2021 REMANDED Entitlement to an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and depression, is remanded. REASONS FOR REMAND The Veteran had active service from September 1973 to July 1978. In October 2019, the Veteran testified at a videoconference hearing before the undersigned Veterans Law Judge. In January 2020, the Board issued a decision that denied the claim for service connection for an acquired psychiatric disorder, to include PTSD and depression. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). By November 2020 Order, the Court granted the parties’ Joint Motion for Remand (JMR), vacating the Board’s January 2020 decision in part and remanding the case to the Board for action consistent with the JMR. 1. Entitlement to an acquired psychiatric disorder, to include PTSD and depression, is remanded. In the November 2020 JMR, the parties agreed that the Board erred in the January 2020 decision when it did not make sure that VA had satisfied its duty to assist by making reasonable efforts to obtain the Veteran’s JSRRC (Joint Services Records Research Center) records. The parties indicated that as the Board noted, in October 2019 the Veteran had testified that his stressors occurred during his tour at Fort Benning, that he called his commanding officer, and that there was potentially a police report of the incident. The parties also agreed that because service personnel records showed that the Veteran had been at Fort Benning from September 1973 to September 1976, he had a specific geographic location and a specific time frame in which his stressors could be verified, and that there was a reasonable possibility that assistance by VA would aid in substantiating the claim. The parties concluded that a remand was required to make reasonable efforts to obtain the Veteran’s records from JSRRC, and that, if records were obtained from JSRRC, consideration should be given as to whether a VA examination was warranted to determine whether the Veteran had a psychiatric disorder that might be related to service or service-connected disability. In light of the foregoing, a remand is warranted to attempt to obtain records from the JSRRC. If pertinent records are obtained from the JSRRC which corroborate any of the Veteran’s reported stressors, schedule him for an appropriate VA examination to determine whether he has an acquired psychiatric disorder that may be related to service or service-connected disability. The matter is REMANDED for the following actions: 1. Forward a copy of the Veteran’s DD Form 214, together with his reported stressor information from the December 2013 VA Form 21-0781 and his October 2019 hearing testimony, to the JSRRC and request that they search all available and appropriate records to attempt to verify the Veteran's reported stressors, which occurred while he was stationed at Fort Benning from September 1973 to September 1976, and provide any information which might corroborate his reported stressors. 2. If pertinent records are obtained from the JSRRC which corroborate any of the Veteran’s reported stressors, schedule him for an appropriate VA examination to determine the nature and etiology of any current psychiatric disorders. The claims folder should be made available for review by the examiner. The examiner should provide a diagnosis for any acquired psychiatric disorder, and specifically consider the diagnoses of PTSD and depression in the Veteran's treatment history. If a PTSD stressor is verified, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent probability or greater) that PTSD had its onset during service or is otherwise related to service. The examiner should also provide an opinion as to whether it is at least as likely as not that any acquired psychiatric disorder(s), other than PTSD, had an onset in service, or is otherwise related to service, to include whether it is at least as likely caused or aggravated by service-connected disability. The examiner must explain the rationale for all opinions given, and if unable to provide the requested opinions without resorting to speculation, clearly specify this, along with an explanation as to why that is so. A. ISHIZAWAR Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Casula 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.