Citation Nr: 18123940
Decision Date: 08/07/18	Archive Date: 08/03/18

DOCKET NO. 14-35 487
DATE:	August 7, 2018
REMANDED
Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD) and major depressive disorder, is remanded.
REASONS FOR REMAND
The Veteran served on active duty from May 1978 to April 1979.
This appeal arose to the Board of Veterans’ Appeals (Board) from a September 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida.
The Veteran appeared before the undersigned Veterans Law Judge (VLJ) in May 2018. A transcript of that hearing is associated with the record.
Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and major depressive disorder, is remanded.
The Veteran contends that she is entitled to service connection for an acquired psychiatric disorder, to include PTSD and major depressive disorder. The Veteran states that her condition is due to a military sexual assault in which she was assaulted by a man. The Veteran contends that she identified the man in a lineup after the assault, and he was subsequently asked to leave the Air Force.
Prior to adjudication, the Board finds that a remand is in order for further evidentiary development. In July 2013, the VA concluded that it was unable to find any records associated with the Veteran’s assault. However, in searching for those records, the VA inaccurately spelled the Veteran’s married name, as well as her maiden name. Upon remand, the VA is directed to search for any records concerning assaults associated with the Veteran under both her maiden and married names, spelled correctly.
Lastly, the Veteran received a C&P examination in September 2013 in which the examiner determined the Veteran’s major depressive disorder was not related to the Veteran’s assault.  In June 2018, the Veteran submitted a statement from a family medicine physician that it was more likely than not that the Veteran’s disability was related to service, with regard to her PTSD and depression.  The  physician referenced medical notes in the record.  In light of the above, the Board finds that a new VA examination and opinion is warranted.  
The matter is REMANDED for the following action:
1. The VA is directed to re-do the search attempting to find any records relating to the Veteran’s military sexual assault. The RO is directed to please spell correctly both the Veteran’s married and maiden names: Milam and Faulkner.
2. Schedule the Veteran for a VA examination with an appropriate examiner to determine the nature and etiology of any diagnosed psychiatric disability. The examiner is asked to review the claims file and provide the following information:
(a) State whether the criteria for a PTSD diagnosis or other psychiatric disorder diagnosis are met.
(b) If the Veteran has a diagnosis of PTSD, opine whether it is at least as likely as not (50 percent or greater probability) that the disability was caused by or otherwise related to the Veteran's reported in-service stressors, to include sexual assault.
(b) For diagnosis other than PTSD, opine whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s disability was incurred in or otherwise related to the Veteran’s service.  
(c) If it is determined that there is another likely etiology for the Veteran’s disability, that should be stated.
(d) In reaching the determinations requested, the examiner is asked to comment on the positive June 2018 opinion from the family medicine physician.  
The examiner should set forth all examination findings, with a clear rationale for the conclusions reached.

 
LESLEY A. REIN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	C. Ryan

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