Citation Nr: 22031442 Decision Date: 05/27/22 Archive Date: 05/27/22 DOCKET NO. 20-26 461 DATE: May 27, 2022 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety not otherwise specified (NOS), and major depressive disorder (MDD), to include as secondary to service-connected disabilities, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. army from November 1983 to November 1991. This matter comes before the Board of Veterans' Appeals (BVA) on appeal from a November 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2020 a decision review officer (DRO) held an informal conference with the Veteran's attorney. The Veteran testified before the undersigned Veterans Law Judge at a May 2022 virtual hearing. A transcript of the hearing will be associated with the file in the normal course of business. The Board finds that additional development is necessary prior to appellate review. Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, anxiety NOS, and MDD, to include as secondary to service-connected disabilities, is remanded. The Veteran seeks service connection for an acquired psychiatric disorder, to include PTSD, anxiety NOS, and MDD, which he asserts are caused by his service, or alternatively by his service-connected disabilities. The Veteran is service connected for obstructive sleep apnea, a lumbosacral sprain with degenerative disc disease (DDD) and degenerative joint disease (DJD), and right lower extremity radiculopathy. The Veteran's Military Personnel Records (MPRs) indicate that the Veteran was stationed at Fort Bragg from April 1984 to August 1988. September 2018 VA medical records diagnosed the Veteran with MDD, unspecified anxiety disorder, and PTSD. In a November 2018 Statement in Support of a Claim for PTSD, the Veteran indicated that in 1985 or 1986 when he was stationed at Pope Air Force Base (AFB)/Fort Bragg and assigned to the 319th Military Intelligence Battalion he was in a plane crash. The Veteran stated that while taking off from the green ramp the C-130 plane he was in flew into a flock of birds, which caused the aircraft to crash-land on its belly. He explained that over time this incident caused psychological damage and prevented him from finishing his military career. He stated it has caused overall depression and a lack of zeal for things in life. The Veteran indicated that he does not want to be out in public unless necessary and gets very irritated by loud noises and irritating people. In a December 2018 development letter, the RO indicated that the Veteran's statement did not meet the minimum level of detail needed for VA to seek assistance for verification from the U.S. Army and Joint Services Records Research Center (JSRRC). In May 2019 the Veteran clarified that the plane crash occurred in the summer of 1985 or 1986. The Veteran testified at his May 2022 virtual Board hearing that between June and August 1986 he was on a plane at Pope AFB. He indicated that he was in a C-130 plane and there were about 40 to 50 people aboard seated along the length of the plane in four rows. The people on the plane including the Veteran were planning on doing parachute jumps from the plane. After the plane had been in the air for a few seconds it hit a flock of birds, tilted, and then crashed on its belly and skidded off the runway and onto the grass. The plane damaged the hydraulic lines and the doors had to be manually opened. There was a fear that the hydraulic lines would catch fire, so everyone had to run and evacuate the area. The Veteran was shaking and felt traumatized. Every time he suited up for additional jumps, he felt terrified. The Veteran indicated that he currently avoids flying. He related that he was being treated at the VA for anger management and was diagnosed with anxiety and depression. The Board finds that the Veteran has alleged a specific stressor with sufficient specificity to require further development. Therefore, a remand is required for the RO to verify the Veteran's in-service stressor. Furthermore, as there is an indication that the Veteran's currently diagnosed disabilities may be related to service, the Board finds that a remand for a medical opinion is necessary. McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following actions: 1. Take the necessary steps to verify the Veteran's alleged in-service stressor as provided in detail above. 2. After the above-mentioned development is completed, schedule the Veteran for a VA mental health conditions examination with an appropriate medical professional to determine the nature and etiology of any currently-diagnosed psychiatric disorders, to include PTSD, anxiety NOS, and MDD. The entire claims file must be provided to the examiner and reviewed in full. That review must be noted in the report. A complete history of symptoms must be elicited from the Veteran. Thereafter, the examiner is asked to provide a fully-articulated medical opinion addressing the following: (a.) Set forth all currently-diagnosed psychiatric disorders, including PTSD, anxiety NOS, MDD, and any other psychiatric disorder diagnosed during the pendency of the appeal, even if currently resolved. (b.) If the examiner finds that a diagnosis of PTSD is warranted, was the Veteran's PTSD incurred in or caused by his claimed in-service stressor? (c.) If the examiner finds that a diagnosis of PTSD is warranted, was the Veteran's PTSD caused by his service-connected disabilities, including obstructive sleep apnea, a lumbosacral sprain with DDD and DJD, and/or right lower extremity radiculopathy? (d.) If the examiner finds that a diagnosis of PTSD is warranted, was the Veteran's PTSD aggravated by the Veteran's service-connected disabilities, including obstructive sleep apnea, a lumbosacral sprain with DDD and DJD, and/or right lower extremity radiculopathy? (e.) Whether any other currently-diagnosed psychiatric disorder, to include anxiety NOS and MDD, were incurred in or caused by the Veteran's service? (f.) Whether any other currently-diagnosed psychiatric disorder, to include anxiety NOS and MDD, were caused by the Veteran's service-connected disabilities, including obstructive sleep apnea, a lumbosacral sprain with DDD and DJD, and/or right lower extremity radiculopathy? (g.) Whether any other currently-diagnosed psychiatric disorder, to include anxiety NOS and MDD, were aggravated by the Veteran's service-connected disabilities, including obstructive sleep apnea, a lumbosacral sprain with DDD and DJD, and/or right lower extremity radiculopathy? The examiner is advised that the Veteran is competent to report his medical history and must be considered and weighed in making the determination requested above. The examiner must provide a complete rationale for any opinion expressed and must address each question posed above in a succinct response. If the examiner is unable to provide an opinion without resorting to speculation, he or she should fully explain why that is so. LESLEY A. REIN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Ahuva D. Sunshine 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.