Citation Nr: 21041105
Decision Date: 07/08/21	Archive Date: 07/08/21

DOCKET NO. 14-18 585
DATE: July 8, 2021

REMANDED

Entitlement to service connection for a psychiatric disorder, claimed as posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1964 to July 1966; his discharge papers, DD 214, confirm that he served in combat in Vietnam.    

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2013 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO) which denied service connection for PTSD.  

Claims for service connection for psychiatric disorders, including PTSD, may encompass claims for service connection for all diagnosed psychiatric disorders.  Clemons v. Shinseki, 23 Vet. App. 1, 5 (2009).  Accordingly, the Board has recharacterized the issue on appeal.  

The Board understands the difficulty in developing this case as the Veteran is incarcerated, making examination almost impossible.  Nevertheless, the Veteran is claiming service connection for a psychiatric disorder, claimed as PTSD.  He served in combat in Vietnam, and there are prison psychiatric evaluations showing diagnoses of psychiatric disorder.  Accordingly, an additional attempt to have the Veteran examined and obtain a medical opinion should be conducted.  

The matters are REMANDED for the following action:

1.  Provide copies of both the PTSD DBQ and the Non-PTSD Psychiatric disorders DBQ to the prison officials and request a prison psychiatric provider examine the Veteran and complete the DBQs and return them to VA.  

2.  After receiving the completed DBQs, forward the record to a VA examiner of appropriate expertise to review and express an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current psychiatric disability had onset during service or is otherwise related to an in-service injury, event, or disease, to include stressors experienced during combat in Vietnam.  

A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Havelka, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.