Citation Nr: 22018170 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 17-20 946 DATE: March 28, 2022 REMANDED Entitlement to service connection for a psychiatric disability is remanded. REASONS FOR REMAND The Veteran served on active duty from December 1964 to December 1968. He received the Vietnam Service Medal and the Vietnam Campaign Medal. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2012 rating decisions of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran claimed entitlement to service connected for post-traumatic stress disorder. However, as the record shows that the Veteran has been diagnosed with another psychiatric disability, the Board finds it appropriate to expand the scope of his claim pursuant to Clemons v. Shinseki, 23 Vet. App. 1 (2009). Therefore, the Board has recharacterized the issues as reflected on the title page. Entitlement to service connection for a psychiatric disability is remanded. The Veteran claims to be entitled to service connection for PTSD. He reports that during active duty he was stationed offshore in a destroyer, and he felt trapped because there was no place to go for protection and because his ship was carrying munitions. He further stated that his symptoms are related to his time in Vietnam See July 2013 NOD. In an August 2012 VA examination, the Veteran reported that his ship fired cannons at North Vietnamese during combat. The Veteran's post-service treatment records reflect a diagnosis for depressive disorder. (See July 2010 VA treatment record and August 2012 VA examination). VA treatment records also show that the Veteran has reported "long-term PTSD symptoms" and a self-reported PTSD diagnosis. See January 2013 VA treatment record. Other treatment records indicate the Veteran is treated for PTSD and has a diagnosis for PTSD. See June 2012 VA treatment record. The Secretary of VA recently amended the portion of the Schedule for Rating Disabilities dealing with psychiatric disorders and the associated adjudication regulations to remove outdated references to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), and replace them with references to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). However, the amended provisions do not to apply to claims that were pending before the Board (i.e., certified for appeal to the Board) on or before August 4, 2014, even if such claims are subsequently remanded to the AOJ. The instant appeal was certified to the Board in May 2017. Therefore, the new version of the Schedule for Rating Disabilities is applicable to the instant appeal. The Veteran underwent a VA examination in August 2012 and a follow up opinion was issued in February 2017. The August 2012 VA examiner diagnosed the Veteran using DSM-IV standards and did not offer a nexus opinion regarding the Veteran's diagnosed depressive disorder. Therefore, the August 2012 VA examination is inadequate. Although the February 2017 VA examiner purported to use DSM-5 standards to diagnose the Veteran, the February 2017 examiner appears to base his opinion on the diagnosis of the August 2012 VA examiner. In addition, the February 2017 VA examiner stated that the "[r]records are silent for mental health treatment" after the August 2012 VA examination, although VA treatment records show that the Veteran has received mental health treatment after the August 2012 VA examination. Finally, the February 2017 VA examiner stated that, without performing an in-person examination, he was unable to offer any further opinion without resorting to mere speculation. Therefore, the February 2017 VA examiner's opinion is inadequate, and a new VA examination is necessary. The most recent VA treatment records in the claims file appear to be from August 2016. Therefore, the RO should obtain any outstanding treatment records on remand. The matters are REMANDED for the following action: 1. Obtain the Veteran's VA treatment records for the period from July 2016 to the Present. 2. Take any necessary steps to verify the Veteran's reported in-service stressors. 3. Schedule the Veteran for a psychiatric examination to determine the nature and etiology of any diagnosed psychiatric disorder found from the date of claim (June 2011) and for posttraumatic stress disorder (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 any verified in-service stressor, to include the Veteran's reported combat experiences (even those not verified). If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is related to an in-service injury, event, or disease, to include the Veteran's reported combat experiences. The examiner must address the Veteran's post-service treatment records, which include treatment for PTSD and a June 2012 diagnosis for PTSD and dysthymia. MARJORIE A. AUER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Boal, 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.