BVA Case 11-2349: Ptsd

SCHOELEN, Judge :The appellant, Mark McClellan III ,appeals through counsel a June 22, 2011,Board of Veterans'Appeals (Board)decision that (1)determined new and material evidence had not been received to reopen a claim for disability compensation for a major depressive disorder, and (2) denied entitlement to disability compensation for a psychiatric disorder other than a major depressive disorder and post-traumatic stress disorder (PTSD),claimed as psychosis with neurosis.

The RO issued a May 12,2010,rating decision,which (1) denied disability compensation for a mental disorder,claimed as psychosis and neurosis,and (2)determined that new and material evidence to reopen a claim for disability compensation for a major depressive disorder had not been received.

The Board determined that (1)the appellant had filed separate claims for a major depressive disorder,psychosis with neurosis,and PTSD,(2)the appellant's request to reopen a claim for PTSD was currently being processed by the RO and,therefore,the Board would not address that matter,and (3)pursuant to Clemons ,the Board would adjudicate the issues on appeal as (a)whether new and material evidence had been submitted to reopen a claim for disability compensation for a major depressive disorder,and (b)whether the appellant is entitled to disability compensation for a psychiatric disorder other than a major depressive disorder and PTSD,claimed as psychosis with neurosis.

Regarding the first issue,the Board determined that new and material evidence sufficient to reopen a claim for disability compensation for a major depressive disorder had not been received.

The Board noted that a claim for a major depressive disorder was denied in an unappealed January 2008 rating decision because the evidence did not show that the appellant's condition was related to service,and found that the evidence received subsequent to that denial,although new,was not material because it failed to show that the appellant's major depressive disorder was incurred in service or that it was related to service.

With regard to whether the record demonstrated entitlement to disability compensation for a psychiatric disorder,other than a major depressive disorder and PTSD,claimed as psychosis with neurosis,the Board found that there was no indication that any psychiatric disorder diagnosed post[]service either had its onset in service or is related to any event,injury,or disease incurred in service.

ANALYSIS The appellant raises three assertions of error on appeal:(1)The Board erred when it determined that he had filed separate claims for different psychiatric diagnoses;(2)the Board erred when it determined that he failed to submit new and material evidence to reopen a claim for disability compensation for a major depressive disorder;and (3)the Board failed to provide an adequate statement of reasons or bases for determining that VA's duty to assist did not require the Secretary to provide him a VA medical examination regarding his claim for disability compensation for a psychiatric disorder,other than a major depressive disorder and PTSD.

In response,the Secretary concedes that the appellant's claim for disability compensation for a psychiatric condition other than a major depressive disorder and PTSD should be remanded because the Board failed to provide an adequate statement of reasons or bases addressing the appellant's lay evidence and whether it established that there was an event,injury,or disease in service,which may be associated with the appellant's current disability.