14-30 400
14-30 400
| Board of Vet. App. | Apr 26, 2018Background
- Veteran served in the U.S. Coast Guard, May 1995–July 1999, and appealed an October 2012 VA regional office rating decision.
- Claims on appeal: service connection for a back disability (upper back pain) and an acquired psychiatric disorder (claimed PTSD; file also contains panic disorder, anxiety, mood disorder diagnoses).
- Board applied an expansive reading of the psychiatric claim under Clemons to encompass related diagnoses described in the record.
- VA had not obtained potentially relevant Social Security Administration (SSA) disability records (Veteran received SSA benefits beginning November 2011) or completed a VA psychological examination regarding the psychiatric claim.
- VA treatment notes (June 2015) referenced a possible military sexual trauma stressor; stressor verification had not been completed.
- Because necessary development was outstanding, the Board remanded both claims for additional records collection, stressor verification, and a psychological examination; the appeal was advanced on the docket and must be handled expeditiously.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for back disability | Veteran contends chronic upper back pain is related to service | RO found the record insufficient to grant service connection | Remanded for further development (obtain outstanding VA records and any other necessary development) |
| Service connection for acquired psychiatric disorder (claimed PTSD) | Veteran asserts PTSD (and related disorders) from service, including participation in a suicide search-and-rescue and possible military sexual trauma | RO/VA position: insufficient evidence on diagnosis, etiology, and verified stressors; no VA exam or SSA records obtained | Remanded: obtain VA and SSA records, verify claimed stressors, schedule psychological exam with file review and detailed rationale on diagnosis and nexus; readjudicate after development |
Key Cases Cited
- Clemons v. Shinseki, 23 Vet. App. 1 (2009) (claim for service connection for a mental disorder may encompass related diagnoses when reasonably raised by the record)
- Golz v. Shinseki, 590 F.3d 1317 (Fed. Cir. 2010) (VA obligated to obtain SSA records when reasonably likely to aid claim development)
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant retains right to submit additional evidence after a remand)