Citation Nr: 21040738 Decision Date: 07/06/21 Archive Date: 07/06/21 DOCKET NO. 18-13 980 DATE: July 6, 2021 REMANDED Entitlement to an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD) and anxiety is remanded. REASONS FOR REMAND The Veteran served on active duty with the Army from May 1968 to January 1970 with service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge at a virtual hearing in February 2021. A transcript of the proceeding has been associated with the claims file. While the Veteran has expressly filed a claim of service connection for PTSD, in light of Clemons v. Shinseki, 23 Vet. App. 1 (2009), the Board finds that it is appropriate to recharacterize the claim more broadly as one of entitlement to service connection for an acquired psychiatric disorder, to include PTSD and anxiety. Entitlement to an acquired psychiatric disorder, to include PTSD and anxiety is remanded. Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. During the February 2021 Board hearing, the Veteran testified that he started receiving treatment at a Florida VA Medical Center in 2006 and has continued to receive treatment for his claimed mental health conditions. A review of the file includes VA treatment records beginning in December 2009. Additionally, the claims file does not appear to include a full record of the Veteran's subsequent VA treatment records. The Veteran has submitted several copies of his VA treatment records; however, it is not apparent as to whether the records provided are complete. Accordingly, a remand is necessary to obtain these records and associate them with the claims file. See 38 U.S.C. § 5103A (b), (c); 38 C.F.R. § 3.159 (b); see also Sullivan v. McDonald, 815 F.3d 786 (Fed. Cir. 2016) (where the Veteran "sufficiently identifies" other VA medical records that he or she desires to be obtained, VA must also seek those records even if they do not appear potentially relevant based upon the available information); Bell v. Derwinski, 2 Vet. App. 611 (1992). In the April 2016 rating decision and February 2018 statement of the case, the RO indicated that the Veteran failed to provide a PTSD stressor statement for review and verification. In February 2021, during his Board testimony, the Veteran testified that he went to a village in Vietnam with others who paid a woman to rape a young girl. He further stated that he did not participate with the others but did witness them sexually assaulting the young girl. The Veteran testified that he did not tell anyone about what he witnessed because they told him they would kill him if he said anything. The Veteran stated that he has difficulty sleeping and problems with anxiety due to witnessing this event. A review of the Veteran's military personnel file and service treatment records confirms that he was in Vietnam from November 1968 to December 1969 and he was assigned to the HHB, 6th Battalion, 56th Artillery, Americal Division Artillery unit. Based on the Veteran's February 2021 reported in-service stressor, the Board finds that a remand is required to allow VA to attempt to corroborate the Veteran's reported stressor. Finally, the Veteran was afforded a VA examination in March 2016 for his claimed PTSD condition. However, the examiner opined that the Veteran did not meet the diagnostic criteria for PTSD under DSM-5, due to the fact that the Veteran resfused to identify or disclose specific trauma events related to his time in Vietnam. Additionally, the examiner diagnosed the Veteran with anxiety, but could not state with certainty whether the anixety disorder is related to his military service. The Board finds that a new VA examination is necessary to determine if the Veteran's claimed conditions are related to his recently identified stressor. The matters are REMANDED for the following actions: 1. Obtain the Veteran's VA treatment records for the period from 2006 to the present and associate them with the claims file. 2. Attempt to corroborate the Veteran's in-service stressor, including his February 2021 Board testimony where he testified that he witnessed the sexual assault of a young girl while in Vietnam. The Veteran's personnel record indicates that he was in Vietnam from November 1968 to December 1969, attached to the HHB, 6th Battalion, 56th Artillery, Americal Division Artillery unit. If more details are needed, contact the Veteran to request the information. 3. After the Veteran's reported stressor has been developed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any 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. If any other acquired psychiatric disorders are diagnosed, including anxiety, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, to include the Veteran's reported stressor identified in his February 2021 Board testimony. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Hartford, 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.