Citation Nr: 21025003 Decision Date: 04/27/21 Archive Date: 04/27/21 DOCKET NO. 17-44 673 DATE: April 27, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder, major depressive disorder, and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active duty in the United States Army from June 1970 to March 1972 including service in the Republic of Vietnam. The August 2017 statement of the case (SOC) indicated that PTSD was not for consideration because the Veteran had failed to timely appeal the prior denial of entitlement to service connection. Despite this statement, the SOC specifically considered the PTSD claim, including the findings of the July 2017 VA examination report concluding that the Veteran did not meet the criteria for PTSD. As such, to the extent that new and material evidence was necessary to reopen the PTSD portion of the claim, the Board concludes that the RO implicitly reopened the claim and considered it on the merits on a de novo basis. As such, the Board has listed the issue as above. See Clemons v. Shinseki, 23 Vet. App. 1 (2009) (holding that when a claimant makes a claim, he or she is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled). The Veteran testified at a VA videoconference hearing in March 2021; a transcript has been associated with the claims file. Entitlement to service connection for an acquired psychiatric disorder, to include anxiety disorder, major depressive disorder, and PTSD The Veteran contends that he has a current acquired psychiatric disorder that was caused by his active service, specifically his service in Vietnam. The records of VA outpatient mental health care and VA mental health examinations from approximately 2013 to 2017 contain disparate findings regarding the appropriate diagnosis or diagnoses and causes for the Veteran’s and his spouse’s reported symptoms. During his March 2021 Board hearing, the Veteran testified that he had been receiving ongoing mental health treatment through VA. VA treatment records were last associated with the claims file in May 2017. As there is evidence of outstanding treatment records that could benefit the Veteran’s claim, the Board concludes that a remand is necessary to obtain those records. The matters are REMANDED for the following action: 1. Obtain the Veteran’s VA treatment records for the period from May 2017 to the present. (continued next page) 2. After the above is complete and any other development deemed necessary, readjudicate the Veteran’s claim. If a complete grant of all benefits requested is not granted, issue a supplemental statement of the case (SSOC) to the Veteran and his representative. J.W. FRANCIS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. J. Houbeck, 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.