Citation Nr: 22018372
Decision Date: 03/29/22	Archive Date: 03/29/22

DOCKET NO. 15-43 853
DATE: March 29, 2022

REMANDED

Service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from November 1973 to October 1975. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a  rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In his November 2015 substantive appeal, the Veteran requested a hearing before a Veterans Law Judge. On the day of the scheduled hearing, however, he informed VA that he would not be attending the hearing. He did not request that his hearing be rescheduled.

1. Service connection for an acquired psychiatric disorder to include PTSD  

Although the Veteran has been diagnosed with PTSD, the stressors upon which the diagnoses were based have not been verified or corroborated. The only stressor    for which there is some corroboration is the incident where staff sergeant (SSG) Dunston was injured during a football game. The Veteran reported that they were forced to play a game called combat football where 40 people aside played and they were required to play or be disciplined. He said SSG Dunston broke his leg   so badly he was sent on convalescent leave for six months.  The Joint Services Record Research Center (JSRRC) was able to corroborate that SSG Dunston was injured when hit in the knee in a combat football game, but not the actual injury or the length of convalescence. 

The October 2021 VA examiner found that stressor was not sufficient to support the diagnosis of PTSD, and stated that the Veteran did not currently meet the diagnostic criteria of other psychiatric disorders. However, the record previously shows a diagnosis of panic disorder without agoraphobia. As that diagnosis has been present during the course of the appeal, an opinion on whether that diagnosis is related to the event above is needed. Updated treatment records should also be requested.

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records and associate them with the claims file.

2. Obtain an addendum opinion on the claim for      service connection for a psychiatric disability. If a       new examination is deemed necessary to respond to      the question presented, one should be scheduled. After review of the claims file, the examiner should provide    an opinion on whether the previously diagnosed panic disorder without agoraphobia, or any other diagnosed psychiatric disorder noted in the record, is at least as likely as not related to seeing a fellow soldier injured     in a "combat football" game. The examiner should explain why or why not.

 

3. If the claim remains denied, issue a supplemental statement of the case.

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Jesteadt, 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.