Citation Nr: 22017515 Decision Date: 03/25/22 Archive Date: 03/25/22 DOCKET NO. 18-27 816 DATE: March 25, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, depression, and adjustment disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty from February 11, 1970, to November 9, 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the claims file. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, depression, and adjustment disorder, is remanded. The Veteran contends that his current acquired psychiatric disorder is due to stressors experienced during service including reported military sexual trauma. In a February 2016 statement, the Veteran indicated that three of his fellow servicemen attempted to sodomize him during a training exercise at Fort Polk, Louisiana. The Veteran also reported verbal abuse from service members during his time in service. In January 2022, the Veteran's primary care physician submitted a statement linking the Veteran' current psychiatric disabilities with his military service. Specifically, Dr. K. opined that the Veteran's depression and anxiety with symptoms of anger, nightmares, and inability to function in work situations are more likely than not to be a direct result of the trauma suffered during military service, specifically the incident involving verbal abuse, physical assault, and threatened sexual assault. In January 2022, the Veteran's spouse also submitted a statement describing the Veteran's psychiatric symptoms and noted the symptoms have been present for 45 years. The Veteran's VA treatment records indicate the Veteran began treatment for his psychiatric disabilities in 2015. The Veteran has not been afforded a VA examination with respect to his claims for service connection for acquired psychiatric disability. VA will provide a medical examination or obtain a medical opinion if the evidence indicates the existence of a current disability or persistent or recurrent symptoms of a disability that may be associated with an event, injury, or disease in service, but the record does not contain sufficient medical evidence to decide the claim. 38 U.S.C. § 5103A (d)(2); 38 C.F.R. § 3.159 (c)(4)(i); McLendon v. Nicholson, 20 Vet. App. 79 (2006). Thus, remand is required to obtain an examination regarding the nature and etiology of the Veteran's acquired psychiatric disability. The matters are REMANDED for the following action: 1. Conduct any necessary further development of the Veteran's stressors 2. After the Veteran's reported stressors have been developed, Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any posttraumatic stress disorder (PTSD) or any other acquired psychiatric disability. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. If the Veteran's stressor is based on an in-service personal assault - The examiner must opine whether the evidence of record, including the Veteran's lay statements, statements made by his spouse and his physician, and the Veteran's service records, corroborate the claim that a personal assault occurred in service (38 C.F.R. § 3.304(f)(5)). If the examiner finds that evidence indicates that a personal assault occurred during the Veteran's active service, the examiner must opine whether any PTSD is at least as likely as not related to the in-service personal assault. 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, to include the reported assault as described in the Veteran's lay statements and his reports to his primary care physician. L. M. BARNARD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Taylor, Associate Counsel 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.