Citation Nr: 22015495 Decision Date: 03/17/22 Archive Date: 03/17/22 DOCKET NO. 12-31 865 DATE: March 17, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include depression and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Marine Corps from September 1965 to March 1967, to include service in the Republic of Vietnam. This matter is on appeal to the Board of Veterans' Appeals (Board) from an October 2011 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2015, December 2017, and September 2018, this matter was remanded to the Agency of Original Jurisdiction (AOJ) for additional development. Upon returning for adjudication, the Board denied this claim in December 2020. The Veteran then appealed to the United States Court of Appeals for Veterans Claims (Court). In November 2021, the Court granted a Joint Motion for Remand (JMR) in which the parties agreed to vacate the December 2020 decision and remand the matter to the Board. In the JMR, the parties noted that during the October 2019 VA examination, the examiner indicated that the Veteran's symptoms did not meet the criteria for PTSD under DSM-5. The examiner noted that the Veteran's reported stressor of being a radio operator who feared for his life, did not meet Criterion A to support a diagnosis of PTSD. However, the parties noted that the examiner failed to assess the Veteran's other reported stressors including his report of being shot at regularly by snipers, being attacked by mortar and artillery fire on a regular basis, and getting into a fight with a drunk Marine who almost killed him. Consistent with the JMR findings, the Board finds that the Veteran should be afforded another examination. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all outstanding treatment records relevant to his psychiatric claim. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken, to include notifying the Veteran of the unavailability of the records. 2. After records development is completed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any psychiatric disability, to include PTSD. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is related to a verified in-service stressor. The examiner must address the Veteran's stressors including being a radio operator who feared for his life, being shot at regularly by snipers, being attacked by mortar and artillery fire on a regular basis, and getting into a fight with a drunk Marine who almost killed him. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease, including his conceded stressors. Although an independent review of the claims file is required, the examiner's attention is drawn to the following: (1) the Veteran's reported psychiatric hospitalizations in 1967 and 1968, (2) whether the Veteran's substance abuse may have been self-medication for his psychiatric symptoms, and (3) the Veteran's continued psychiatric symptoms during periods of sobriety. The examiner should elicit a full history from the Veteran and consider the lay statements of record. The Veteran is competent to attest to factual matters of which he has first-hand knowledge, and if there is a medical basis to support or doubt the history provided by the Veteran the examiner should provide a fully reasoned explanation. A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings. D. Martz Ames Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Mathew 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.