Citation Nr: 21028972
Decision Date: 05/12/21	Archive Date: 05/12/21

DOCKET NO. 15-06 826
DATE: May 12, 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 June 1966 to January 1975.

In April 2019, the Board issued a decision denying entitlement to service connection for an acquired psychiatric disorder, to include PTSD. The Veteran appealed this decision to the Court of Appeals for Veterans Claims (Court). By an August 2020 Order, the Court, pursuant to a Memorandum Decision, vacated the Board's April 2019 decision and remanded the case.

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

In the August 2020 Memorandum Decision, the Court held that a January 2015 VA medical opinion was inadequate because it did not provide an explanation as to whether the Veteran met the DSM-V criteria for a PTSD diagnosis. The Court held that the Board erred in relying on the inadequate medical opinion and remanded for the Board to seek clarification of the VA examiner's opinion. 

The Veteran also submitted a private psychiatric evaluation on March 2021, where he indicated he has been seeking group therapy in the years following his initial treatment with Dr. F. Thus, the Veteran should be given an opportunity to identify those additional records he wants VA to consider.

In light of the Court's August 2020 Memorandum Decision, and potential outstanding records, a remand is necessary to obtain those records and an adequate medical opinion.

The matters are REMANDED for the following action:

1. Ask the Veteran to identify any additional records he wishes to be considered in connection with this matter. With any necessary assistance from the Veteran, the identified records should be sought.

2. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD).  If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor.  The examiner may assume the credibility of any lay statements for the limited purpose of conducting the examination and providing the medical opinion.  

3. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury or disease.  The examiner may assume the credibility of lay statements for the limited purpose of conducting the examination and providing the medical opinion.  The reasons for any conclusions expressed should be fully explained.  

4. After any further development as may be indicated has been accomplished, readjudicate the issue on appeal.

 

M. E. KILCOYNE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	B. Jaigirdar, Associate 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.