Citation Nr: 22014359 Decision Date: 03/12/22 Archive Date: 03/12/22 DOCKET NO. 17-43 587 DATE: March 12, 2022 REMANDED Entitlement to service connection for a psychiatric disability other than panic disorder, to include posttraumatic stress disorder (PTSD) and major depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from November 1997 to November 2003. Although the Veteran claimed entitlement to service connection specifically for PTSD, under the facts of this case, his claim is broader. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). In particular, the medical evidence also shows a diagnosis of major depressive disorder during the appeal period. The Board has recharacterized the issue on appeal accordingly. As an initial matter, the Board recognizes that service connection for a panic disorder has been granted in a separate October 2017 rating decision. However, it is possible to separately grant service connection for both panic disorder and another psychiatric disability. See Amberman v. Shinseki, 570 F.3d 1377, 1381 (Fed. Cir. 2009). For that reason, the Veteran's claim for service connection for a psychiatric disability other than a panic disorder remains on appeal. Regarding the Veteran's service connection claim for a psychiatric disability other than panic disorder, the Board cannot make a fully informed decision on the issue at hand because the VA examinations of record do not contain all the necessary information. In terms of the specific diagnosis of PTSD, the July 2013 VA PTSD examination found that there was no such diagnosis. However, the examination was based on the DSM-IV criteria, and the DSM-5 criteria have been adopted during the pendency of this appeal. In addition, VA treatment records dated after the July 2013 VA examination (including December 2013 and May 2014 VA treatment records) and a May 2017 letter from Dr. U note a diagnosis of PTSD. Consequently, an addendum opinion is necessary clarifying if the Veteran meets the criteria for PTSD under the DSM-5. As for diagnoses other than PTSD (and panic disorder), a diagnosis of major depressive disorder was not shown on the most recent VA examinations in 2017; however, the diagnosis was noted during the VA examination in July 2013 as well as in VA treatment records dated in December 2013 and May 2014. The medical opinions of record fail to address the etiology of this diagnosis. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013) (noting that when the record contains a recent diagnosis of disability prior to a veteran filing a claim for benefits based on that disability, the report of diagnosis is relevant evidence that the Board must address in determining whether a current disability existed at the time the claim was filed or during its pendency). Moreover, there is no opinion as to whether the major depressive disorder is a separate and distinct disability from service-connected panic disorder. Therefore, remand for an additional VA examination and medical opinion is necessary in this case. The matter is REMANDED for the following actions: 1. Schedule the Veteran for a VA psychiatric examination to address the existence and etiology of any psychiatric disability other than panic disorder present during the appeal period (since October 2011), to include PTSD and major depressive disorder. The Veteran's claims file (to include this remand) must be reviewed by the examiner in conjunction with the examination, and an examination and interview of the Veteran should be conducted. Then: (a) The examiner should identify all psychiatric disabilities found during the period of the appeal, to include whether or not each criterion for a diagnosis of PTSD is met under DSM-5. (b) If a PTSD diagnosis is deemed appropriate, the examiner should identify whether it is at least as likely as not (50 percent or greater probability) that the Veteran's PTSD diagnosis is linked to an in-service stressor. (c) With respect to any psychiatric disorder other than PTSD diagnosed during the appeal period, to include major depressive disorder, the examiner must provide an opinion as to whether such is separate and distinct from service-connected panic disorder and claimed PTSD. (d) If Veteran's diagnosed psychiatric disability other than PTSD is separate and distinct from his service-connected panic disorder and claimed PTSD, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or greater possibility) that this disability began during active service or is related to any incident of service. The examiner is advised that laypersons are competent to report symptoms and treatment, and that their reports must be considered in formulating the requested opinion. A clear explanation for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. If the examiner is unable to provide an opinion he or she should explain why. 2. Thereafter, undertake any additional development warranted, to include stressor verification. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Fletcher, Kathleen 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.