Citation Nr: 22010239 Decision Date: 02/23/22 Archive Date: 02/23/22 DOCKET NO. 19-14 068 DATE: February 23, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder is remanded. REASONS FOR REMAND The Veteran served on active duty from January 1989 to January 1993. This matter comes to the Board of Veterans' Appeals (Board) from a rating decision issued in October 2017 by a Department of Veterans Affairs (VA) Regional Office. In September 2020, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record. At the time, the undersigned held the record open for 30 days for the submission of additional evidence, which was received in October 2020. With respect to the characterization of the issue on appeal, the Board observes that VA received the Veteran's original claim for service connection for an acquired psychiatric disorder, characterized as posttraumatic stress disorder (PTSD). In an April 2016 rating decision, the Agency of Original Jurisdiction (AOJ) denied service connection for an acquired psychiatric disorder, characterized as unspecified anxiety disorder as there was no diagnosis of PTSD of record, based on a lack of a relationship to service. Such denial was confirmed and continued in a September 2016 rating decision. However, in December 2016, within one year of the issuance of the original April 2016 rating decision, VA received new and material evidence consisting of private treatment records reflecting a diagnosis of PTSD related to exposure to trauma while serving in Operation Desert Storm. In accordance with 38 C.F.R. § 3.156(b), such evidence is considered to have been filed in connection with his original claim. Thus, such claim was reconsidered in an October 2017 rating decision; however, the Veteran's claim for service connection for an acquired psychiatric disorder, characterized as PTSD was denied. Such denial was confirmed and continued in a July 2018 rating decision, and the Veteran entered a notice of disagreement in August 2018, which is timely as to the October 2017 rating decision. Consequently, the Board finds that the instant matter stems from the Veteran's original November 2015 claim for service connection for an acquired psychiatric disorder. Entitlement to service connection for an acquired psychiatric disorder. At his September 2020 Board hearing, the Veteran contended that he has a current acquired psychiatric disorder as a result of in-service stressors related to his fear of hostile military or terrorist activity coincident with service aboard the U.S.S. Savannah in the Southwest Asia from August 1990 to approximately December 1990 or January 1991 while assisting with Operation Desert Shield. Specifically, the Veteran testified that, when completing a Mediterranean cruise, his ship was ordered to go to the Persian Gulf and/or Red Sea to assist with operations and, while stationed there, he could hear gunfire and bombing, and see fire on land. Additionally, in an April 2017 statement, the Veteran reported witnessing an incident where, while replenishing another ship while aboard the U.S.S. Savannah in approximately June 1990, another sailor was swept overboard. As relevant, the record reflects diagnoses of PTSD, generalized anxiety disorder, and major depressive disorder. Notably, an April 2016 VA examiner diagnosed unspecified anxiety disorder, but found that such disorder was less likely than not related to service; rather, it was attributable to post service life stressors. In a December 2016 Disability Benefits Questionnaire (DBQ) and statement, the Veteran's private treatment provider, Dr. G.Q. noted diagnoses of PTSD and major depressive disorder, and reported that he was treating the Veteran for PTSD due to his exposure to trauma while serving in Operation Desert Storm. Finally, a March 2017 VA examiner diagnosed PTSD based on stressors related to his fear of hostile military or terrorist activity while serving in Southwest Asia and witnessing the aforementioned sailor go overboard. However, the Veteran's reported stressors have not yet been verified. In this regard, October 2017, the Defense Personnel Records Information Retrieval System (DPRIS) reported that 1991 command history and January 1991 to February 1991 deck logs indicated that the U.S.S. Savannah was in port in Norfolk, Virginia, from January 1, 1991, through March 26, 1991. It was further noted that such did not show that the U.S.S. Savannah was in the Red Sea in support of Operation Desert Storm during such period. However, as noted previously, the Veteran testified that the U.S.S. Savannah deployed to Southwest Asia from approximately August 1990 to December 1990 or January 1991 following a Mediterranean cruise from March 1990 to September 1990. Additionally, his service personnel records reflect that he was awarded a Southwest Asia Medal with a bronze star for his participation in Desert Storm. Moreover, the Board notes that the AOJ did not attempt to verity the Veteran's reported in-service stressor in which he witnessed a sailor be swept overboard. Therefore, the Board finds a remand necessary so the AOJ can make all attempts to verify the Veteran's reported in-service stressors. Finally, the Board notes that, at the September 2020 Board hearing, the Veteran testified that he received ongoing treatment at Apex Behavioral Health and the Cruz Clinic. However, such records are not associated with the record. Thus, on remand, the Veteran should be provided an opportunity to submit, or authorize VA to obtain, such outstanding private treatment records. The matters are REMANDED for the following action: 1. Provide the Veteran an opportunity to submit, or authorize VA to obtain, any outstanding private treatment records from Apex Behavioral Health and Cruz Clinic. After securing any necessary authorization from him, obtain all outstanding private treatment records. Make at least (2) attempts to obtain such records. If any records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession. 2. After obtaining any necessary information from the Veteran, attempt to verify his claimed in-service stressors of (1) deploying to Southwest Asia in the Red Sea or Persian Gulf while aboard the U.S.S. Savannah from approximately August 1990 to January 1991 during Operation Desert Shield or Desert Storm, and (2) witnessing another sailor be swept overboard the U.S.S. Savannah in approximately June 1990, through any appropriate source. All efforts to verify such stressors should be documented. A. JAEGER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Waite 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.