Citation Nr: 21041625
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 18-11 677
DATE: July 9, 2021

REMANDED

The claim of entitlement to service connection for an acquired psychiatric disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 2008 to August 2009.

This claim is from a November 2015 rating decision.  In October 2020, the Veteran had a personal hearing with the undersigned.

The claim of entitlement to service connection for an acquired psychiatric disability is remanded.

After review of the record, the Board finds that a remand is required to provide the Veteran with a VA examination for an opinion on whether any of his current diagnoses (panic disorder, unspecified depression) or symptoms are related to service.  He asserts his symptoms are related to the stress he felt in the WTRP (a rehabilitation program he was sent to during his service) and harassment he received due to his injuries.  He reports that his symptoms began after returning home from active duty.  

In the alternative, he reports that any acquired psychiatric disability he has is related to his service-connected musculoskeletal disabilities. 

The matters are REMANDED for the following action:

1. Associate updated VA treatment records with the claims file.  Ask the Veteran for authorization to obtain any private treatment records that he would like reviewed, or to provide them himself, to include authorization for Vet Center records not currently of file.

2. After directive 1, schedule the Veteran for an appropriate examination for a report on whether it is as likely as not (50/50 probability or greater) that any acquired psychiatric disability diagnosed during the examination or since the filing of his claim is related to service.  In the alternative, the examiner should address whether it is at least as likely as not that the acquired psychiatric disability was caused or aggravated by service-connected disability.

The examiner is asked to review the record prior to the examination and to elicit a detailed history and mental status from the Veteran.  

The Veteran is diagnosed with panic disorder and unspecified depression.  He attributes it to the verbal harassment he received, with resulting feelings of anxiety, while in WTRP prior to his medical board proceedings.  

The record shows an initial assessment at VA in April 2017, and treatment at the Vet Center starting in 2016, but that he has consistently reported that his symptoms began in 2010.  

 

All opinions must be supported with explanation. 

 

 

Nathaniel J. Doan

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Gibson

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.