Issue of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder (MDD), anxiety, obsessive compulsive disorder (OCD), and a…

Citation Nr: A26069972 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 260511-659822 DATE: July 30, 2026 REMANDED Issue of entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), major depressive disorder (MDD), anxiety, obsessive compulsive disorder (OCD), and a nervous and stress condition is remanded. REASONS FOR REMAND The Veteran has a period of active duty service from March 1968 to March 1972. The March 2026 rating decision on appeal was issued under the modernized review system, also known as the Appeals Modernization Act (AMA). In the May 2026 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the March 2026 rating decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the March 2026 rating decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. However, because the Board is remanding the claim, any evidence the Board could not consider will be considered by the agency of original jurisdiction (AOJ) in the adjudication of that claim. 38 C.F.R. § 3.103(c)(2)(ii). The Board notes that the issue of entitlement to service connection for PTSD with major depressive disorder has been recharacterized as service connection for an acquired psychiatric disorder, to include PTSD, MDD, OCD, and nervous and stress condition. This more accurately depicts the Veteran's various statements with his claims and the medical evidence. The Board also recognizes that the Veteran specifically appealed the March 2025 rating decision in his appeal to the Board. May 2026 VA Form 10182. An appeal of that decision would have been considered untimely. See 38 C.F.R. § 20.203(b). But in broadly construing the appeal most favorable to the Veteran, the Board considers it an appeal of the March 2026 rating decision on the issue of entitlement to service connection for PTSD. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.800(c). 38 U.S.C. § 7107(a)(2). Issue of entitlement to service connection for an acquired psychiatric disorder, to include PTSD, MDD, anxiety, OCD, and a nervous and stress condition is remanded The Board finds a remand is needed to correct a duty to assist error that occurred prior to the March 2026 rating decision on appeal. The Veteran was scheduled for an VA examination for his PTSD that was cancelled at this request. February 2026 Exam Request. The AOJ had found he refused to attend the VA examination. March 2026 Rating Decision. But prior to the AOJ's decision, the Veteran had reported that he did not refuse to attend the VA examination and only wished to reschedule it. March 2026 VA Form 27-0820. The Board recognizes that there is a January 2025 VA examination for PTSD which finds the Veteran does not meet the criteria for PTSD, MDD, OCD, or a nervous or stress condition. But it is unclear if the VA examiner considered reported symptoms in his August 2023 and November 2024 statements and 2024 treatment notes indicating he was prescribed Lorazepam for anxiety. August 2023 VA Form 21-0781a; November 2024 VA Form 21-526EZ; March 2024 VA treatment evidence; November 2024 VA treatment evidence. Later medical treatment evidence of record also shows notations of a PTSD diagnosis. See, e.g., February 2026 VA treatment evidence. The Veteran should be afforded his opportunity for a VA examination. The matters are REMANDED for the following action: 1. Attempt to corroborate the Veteran's in-service stressors reported on his August 2023 VA Form 21-0781a and February 2026 VA Form 21-10210. If more details are needed, contact the Veteran to request the information. 2. After the above development is completed, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any PTSD. The VA examiner should consider and discuss the medical treatment evidence indicating a diagnosis for PTSD recent to and during the period on appeal since his November 2024 date of claim. (a) If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. (b) Determine if the criteria of another acquired psychiatric disorder is met. For each acquired psychiatric disorders found, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease. The VA examiner should consider the Veteran's reported symptoms in his August 2023 VA Form 21-0781a and February 2026 VA Form 21-10210, and the 2024 VA treatment notes showing a prescription for Lorazepam for anxiety. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lin, M 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.