Citation Nr: 21032161
Decision Date: 05/26/21	Archive Date: 05/26/21

DOCKET NO. 18-19 050A
DATE: May 26, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served honorably in the Army from November 1965 to October 1967. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 and October 2016 rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO) that denied entitlement to service connection for PTSD. 

The Veteran requested a hearing in his April 2018 VA Form 9. However, in March 2021, he informed the VA that he would like to cancel the hearing request. Accordingly, his request for a hearing is considered withdrawn. 

Regarding the Veteran's claim for PTSD, as the record reflects possible diagnoses of PTSD, anxiety and depression, the Board finds it appropriate to recharacterize the issue on appeal as a claim of entitlement to service connection for an acquired psychiatric disorder to include PTSD, anxiety, and depression. See Clemons v. Shinseki, 23 Vet. App. 1 (2009)

The evidence of record includes treatment notes indicating an acquired psychiatric disorder, as well as an indication that the Veteran may have experienced an in-service stressor. See February 2016 Union Grove Treatment Records and February 2016 Correspondence. Therefore, the Board finds that a remand is necessary to provide the Veteran with a VA examination (VAX) in order to determine the nature and etiology of any current acquired psychiatric disorder. See 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c) (4); see also McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006). 

Additionally, upon review it appears as though the Veteran filed a Social Security disability claim. See September 2019 Social Security Administration (SSA) Letter. Review of the record reveals that there was no request made by VA to obtain a copy of the SSA records associated with this claim. Such records are potentially relevant to the appeal. VA's duty to assist the Veteran particularly applies to relevant evidence known to be in the possession of the Federal Government, such as Social Security records; therefore, because the records from SSA may contain evidence pertinent to the issues on appeal, VA is obligated to obtain them. See 38 C.F.R. § 3.159 (c) (2) (2016); see also Murincsak v. Derwinski, 2 Vet. App. 363, 370-72 (1992); Collier v. Derwinski, 1 Vet. App. Thus, a remand is also necessary to obtain these relevant records. 

The matters are REMANDED for the following action:

1. Request all Social Security disability benefits records from the SSA related to the Veteran's claim, including all medical records and copies of any decisions or adjudications, and associate them with the record. Any negative responses should be properly documented in the record, to include following the procedures outlined in 38 C.F.R. § 3.159(e).

2. After the above development, schedule the Veteran for an examination to determine the nature and etiology of any acquired psychiatric disorder. A copy of this remand and the Veteran's claim file must be provided to and reviewed by the examiner. 

(a.) The examiner should specifically determine whether the Veteran meets the diagnostic criteria for PTSD and, if so, identify the stressor(s) to which any current diagnosis of PTSD is attributed. 

(b.) Additionally, the examiner is requested to identify any other acquired psychiatric condition(s) the Veteran has been diagnosed with and offer an opinion as to whether such condition(s) is at least as likely as not related to service. 

The examiner must provide a rationale for any opinion offered.

 

 

DUSTIN L. WARE

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Smith, 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.