Citation Nr: 21028547
Decision Date: 05/11/21	Archive Date: 05/11/21

DOCKET NO. 09-18 514
DATE: May 11, 2021

REMANDED

Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active service from July 1977 to September 1978.

This appeal comes before the Board of Veterans' Appeals (Board) from a September 2008 rating decision.

During this appeal, the Veteran testified before the Board in February 2012 and again in October 2018.  The transcripts of those hearings are associated with the claims file.  The Veterans Law Judge (VLJ) who conducted the October 2018 hearing is no longer available to participate in the decision on the appeal.  In February 2021, the Veteran was advised that the VLJ from the October 2018 hearing was no longer available and offered the opportunity to testify again.  However, the Veteran has not responded to this letter.  Consequently, the Board is proceeding with the decision.

This matter was previously before the Board in June 2020, March 2019, December 2013, and September 2012.

Entitlement to service connection for PTSD is remanded.

This matter requires an additional addendum opinion to clarify whether the Veteran has a diagnosis of PTSD associated with his service.  The Veteran has reported several stressors which have not yet been confirmed or conceded.  One of these stressors, the murder of the Veteran's fiancée while he was away for training, has been partially confirmed by the submission of a newspaper article, and by two additional articles (not of record) that were found and reviewed by the VA examiner in December 2017 which apparently confirmed the date of the events written in the article submitted by the Veteran.  The December 2017 VA examination report appears to indicate that this event meets the criteria to satisfy the Criterion A portion of a PTSD diagnosis.  The addendum opinion in October 2020 indicates that absent the Veteran's reported in-service assault (that he testified in the October 2018 hearing did not occur), there was insufficient evidence to warrant a change in diagnosis to PTSD.  The examiner also indicated that any future consideration of PTSD should include a review of verified or conceded Criterion A events.  Consequently, the Board finds that an additional opinion is required in order to clarify whether a diagnosis of PTSD would be warranted if the death of the Veteran's fiancée during service were verified or conceded.

The matter is REMANDED for the following actions:

1. Obtain an addendum opinion from an appropriate clinician regarding whether a diagnosis of PTSD would be warranted if the death of the Veteran's fiancée during service were verified or conceded as a stressor.  In the event that the clinician determines that an appropriate opinion cannot be provided without an additional examination, the Veteran should be provided with an appropriate examination.

2. After the above development, and any additional development that may be indicated as a result, has been completed, readjudicate the claim on appeal.  If the claim is not decided to the Veteran's satisfaction, provide the Veteran and his representative with an appropriate supplemental statement of the case and give him the appropriate time to respond.  Then, if the file is otherwise in order, return the case to the Board for further appellate review.

 

 

Roya Bahrami

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Steven H. Johnston, 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.