Citation Nr: 22058905 Decision Date: 10/20/22 Archive Date: 10/20/22 DOCKET NO. 20-01 582 DATE: October 20, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1969 to March 1979. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in February 2018 by a Department of Veterans Affairs (VA) Regional Office. In February 2022, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD. In documents of record and at the February 2022 Board hearing, the Veteran contends he has an acquired psychiatric disorder, to include PTSD, that had its onset in, or is otherwise related to, his military service. Specifically, he describes an incident involving attempted sabotage wherein he discovered that stones were purposely placed in the intake of a number one jet engine while stationed in Camp New Amsterdam in 1976. He indicated that he reported such discovery, but was mistreated during the subsequent investigation and accused of committing the sabotage himself. In this regard, the Veteran reported that he was later subpoenaed to testify at a court-marital of such investigators regarding their investigative tactics. He also stated that, as a result of such false accusation, he was ostracized by his unit, given incorrect/false orders for temporary duty to Italy, and received bomb threats via phone in the tool room upon his return. The Veteran further indicated that he subsequently began to experience depression, anxiety, suspiciousness, nightmares, and an inability to sleep, which have continued to the present time. While the Veteran's service treatment records are negative for any complaints, treatment, or diagnosis referable to an acquired psychiatric disorder, a January 1977 Request and Authorization for Temporary Duty (TDY) reflects that he was to travel from Camp New Amsterdam to Ramstein Air Base to act as a witness in a general court martial. Furthermore, post-service treatment records reflect diagnoses of unspecified anxiety disorder and adjustment disorder with anxiety in December 2019 and September 2020, respectively, and the Veteran has reported ongoing treatment at the Corpus Christi VA facility. Based on the foregoing, the Board finds that a remand is necessary in order to attempt to obtain updated VA treatment records and any official records regarding the investigation into the sabotage of a plane at Camp New Amsterdam in 1976, and afford the Veteran a VA examination so as to determine the nature and etiology of his acquired psychiatric disorder. The matter is REMANDED for the following action: 1. Obtain updated VA treatment records, to include those from the Corpus Christi facility, dated from April 2020 to the present. 2. Attempt to obtain any official records regarding the investigation into the sabotage of a plane at Camp New Amsterdam in 1976. All efforts should be documented. 3. Afford the Veteran VA examination to determine the nature and etiology of his acquired psychiatric disorder. The record, to include a copy of this Remand, should be provided to the examiner and any indicated evaluations, studies, and tests should be conducted. Thereafter, the examiner should address the following inquiries: (A) Identify all of the Veteran's acquired psychiatric disorders that meet, or have met, the DSM-5 diagnostic criteria at any time since August 2017, or in close proximity thereto, to include unspecified anxiety disorder and adjustment disorder with anxiety as shown in his VA treatment records. (B) If a diagnosis of PTSD is rendered, the examiner should offer an opinion as to whether such is at least as likely as not the result of a verified stressor, or the reported harassment the Veteran endured in service. In regard to the latter matter, the examiner should identify any markers, to include behavior changes, that support such diagnosis based on personal assault (harassment). (C) For each currently diagnosed acquired psychiatric disorder other than PTSD, the examiner should offer an opinion as to whether it is at least as likely as not that such disorder had its onset in, or is otherwise, related to the Veteran's military service. In offering such opinions, the examiner should consider the Veteran's report that he was falsely accused of sabotaging a jet engine in 1976, was mistreated by the interrogators during the investigation, which resulted in the January 1977 TDY orders to act as a witness in a general court martial, and was subsequently harassed, to include being ostracized by his unit, given incorrect/false orders for temporary duty to Italy, and receiving bomb threats via phone in the tool room upon his return. The examiner should also consider the Veteran's report that began to experience depression, anxiety, suspiciousness, nightmares, and an inability to sleep in service, which have continued to the present time. The examiner is advised that the sole basis for an unfavorable opinion may not be the fact that the Veteran's STRs are negative for any relevant complaints, treatment, or diagnosis, or there is a lack of post-service treatment records demonstrating a continuity of care. A rationale for any opinion offered should be provided. A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Spielmann, Jill F. 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.