Citation Nr: 21028454
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 17-13 443
DATE: May 11, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1983 to February 1989 in the United States Marine Corps. He died in September 2018. In May 2020, the Veteran's surviving spouse was substituted as the appellant. The appellant testified at a hearing before the undersigned in February 2021. A transcript of the hearing is associated with the record. 

Entitlement to service connection for an acquired psychiatric disability, to include PTSD is remanded.

In a February 2016 statement, the Veteran reported an in-service stressor involving a personal assault. He described experiencing a physical assault and rape at the hands of his roommate.  A remand is required to allow VA to attempt to corroborate the Veteran's reported stressor and send the appellant notification as required under 38 C.F.R. § 3.309(f)(5).

The appellant testified that she and the Veteran were married before he entired service, that he suffered sexual trauma shortly after boot camp and she noticed a change in behavior immediately. The appellant furhter testifed that she and the Veteran attended marriage counseling but the Veteran said there were "secrets" he could not share because of "the Marines." The Veteran was diagnosed with PTSD and other acquired psychiatric disorders, but there has been no attempt to corroborate the Veteran's in-service stressor involving physical and sexual assault and no examiner has opined whether the diagnoses are at least as likely as not related to that assault.

The matters are REMANDED for the following action:

1. Send the appellant notice required for the Veteran's acquired psychiatric, to include PTSD, claims based on personal assaults, and allow time for a response.  Then, attempt to corroborate the Veteran's in-service stressors based on personal assault, including being violently assaulted and raped by his roommate.  If more details are needed, contact the appellant to request the information.

2. After completion of the above and the Veteran's reported stressors have been developed, obtain a VA medical opinion to determine the nature and etiology of any PTSD and/or other acquired psychiatric disability.  

Prior to the examination, the AOJ must specifically notify the examiner of the conclusions made in connection with the MST and related stressor. 

The examiner must opine whether the evidence of record, including the Veteran's lay statements, statements made during sworn testimony by the appellant, and the Veteran's service records, corroborate the claim that a personal assault occurred in service (38 C.F.R. § 3.304(f)(5)).  If the examiner finds that evidence indicates that a personal assault occurred during the Veteran's active service, the examiner must opine whether PTSD or any acquired psychiatric disorder is at least as likely as not related to the in-service personal assault.  

In answering this question, the examiner must specifically consider and discuss the following: (i) the specific findings forwarded by the AOJ; (ii) the appellant's testimony that she and the Veteran were married before he entered service, that he suffered sexual trauma shortly after boot camp, she noticed a change in behavior immediately, and they attended marriage counseling but the Veteran said there were "secrets" he could not share because of "the Marines."

A complete rationale must be provided for all opinions offered. If the examiner cannot provide an opinion, the examiner must say why. 

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P.S. McLeod

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.