Citation Nr: 21029827
Decision Date: 05/17/21	Archive Date: 05/17/21

DOCKET NO. 16-33 568
DATE: May 17, 2021

REMANDED

Service connection for acquired psychiatric disability, to include posttraumatic stress disorder (PTSD) and major depressive disorder (MDD), is remanded.

REASONS FOR REMAND

The Veteran honorably served on active duty from May 1983 to June 1983, November 1985 to May 1986, and April 1987 to April 1994. The Veteran's service from April 3, 1994 to May 8, 1996 has been determined dishonorable for VA purposes. See December 1996 VA Administrative Decision.

Service connection for acquired psychiatric disability 

The Veteran contends psychiatric disability related to experiences working as a counterintelligence agent in former Yugoslavia in 1993. See May 2014 statement, September 2015 statement, September 2015 NOD, and July 2016 VA Form 9. Personnel records show the Veteran served as a counterintelligence officer under the 165th Military Intelligence Battalion, with a temporary assignment to Croatia under the 502nd MASH from April 1993 to September 1993. The RO has not attempted to assist the Veteran in verifying his reported in-service events.

Additionally, a June 2014 VA examiner opined it was "at least as likely as not the Veteran's symptoms of depression were life-long since the traumatic and sudden death of his mother when he was twelve years old; however, he indicated during his psychiatric consult on February 20, 2014 that his problems with his mood started around the year 2000." The Board finds this conclusion is contradictory and does not address whether the Veteran's psychiatric disability was at least as likely as not related to service.

The matters are REMANDED for the following action:

1. Attempt to corroborate the Veteran's reported in-service stressors during his duties as a counterintelligence agent in former Yugoslavia in 1993. See May 2014 statement, September 2015 statement, September 2015 NOD, and July 2016 VA Form 9. If more details are needed, contact the Veteran to request the information.

2. After the above development, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any psychiatric disability. 

(a.) Identify any physiatric disabilities found during the appeal period.

PTSD and MDD have been diagnosed in VA treatment records. If the clinician disagrees with a diagnosis established in the medical records, the clinician should provide rationale for the difference in opinion.

(b.) If PTSD is diagnosed, explain how the diagnostic criteria are met and opine whether PTSD is at least as likely as not (50 percent or greater probability) related to a verified in-service stressor.  

(c.) If any other acquired psychiatric disability is diagnosed, opine whether each disability at least as likely as not began during a period of honorable active service or is related to during a period of honorable active service.  

 

 

KELLI A. KORDICH

Veterans Law Judge

	Board of Veterans' Appeals	

Attorney for the Board	T. Winkler, 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.