Citation Nr: 0809886 Decision Date: 03/25/08 Archive Date: 04/09/08 DOCKET NO. 05-29 545 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Albuquerque, New Mexico THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD David Ganz, Associate Counsel INTRODUCTION The veteran had active military service from March 1971 to December 1972. This matter comes to the Board of Veterans' Appeals (Board) from a May 2004 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO) in Albuquerque, New Mexico, which denied entitlement to service connection for PTSD. The Board remanded this claim in a July 2007 decision for a psychiatric examination and opinion concerning the nature, etiology, and probable time of onset of any current psychiatric disorder. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran seeks service connection for PTSD for traumatic events that occurred while serving with the Army in the Republic of Vietnam. The veteran claims that he was in Vietnam from August 8, 1971 to June 22, 1972. He recounted that he served in the 196th Infantry Division while in Vietnam and walked with an M16 rifle for one month with 11 Bravo, 11 Charlie. While he served with these units the veteran claims he was involved in heavy combat and was fired upon, and that just being at the "fire base" was hard, not to mention going out on recon. He noted that some of his fellow solders from the 196th Infantry Division, Bravo Company were injured in combat in August 1971. Service connection for PTSD requires medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); a link, established by medical evidence, between current symptoms and an in-service stressor; and credible supporting evidence that the claimed in-service stressor occurred. See 38 C.F.R. § 3.304(f). If VA determines the veteran engaged in combat with the enemy and his alleged stressor is combat-related, then his lay testimony or statement is accepted as conclusive evidence of the stressor's occurrence and no further development or corroborative evidence is required. See 38 U.S.C.A. § 1154(b). A VA psychiatric examination was conducted in August 2007. The examiner indicated that he reviewed the veteran's claims file. A diagnosis of chronic, moderate PTSD was given pending verification of the veteran's combat status. Personnel records show the veteran served as an Infantryman and Indirect Fire Crewman while in the Army and that he served in Vietnam for 10 months and 15 days. Personnel records also indicate that he served in Company A, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, and that some of his principal duties were rifleman, auto-rifleman, and mortar gunner. These records also establish that the veteran received, among others, the Army Commendation Medal and Vietnam Service Medal. The RO has made no attempt to verify the veteran's combat status despite his military occupational specialties (MOS) and principal duties, and lengthy service in Vietnam. To ensure that VA has met its duty to assist the appellant in developing the evidence in support of his claim pursuant to 38 U.S.C.A. § 5103A, and to ensure full compliance with due process requirements, this case must be remanded so that the RO can verify whether the units to which the veteran was assigned engaged in combat during the times of his assignment. Accordingly, the case is REMANDED for the following: 1. Explore all means, including contacting the U. S. Army and Joint Services Records Research Center (JSRRC) and/or the National Archives, to determine whether any unit, company, or other division the veteran served with while in Vietnam engaged in combat with the enemy during his assignment to them. See, 38 U.S.C.A. § 1154(b); see also 38 C.F.R. § 3.304(f). 2. Thereafter, if necessary, any additional development deemed appropriate should be accomplished. The claim should then be readjudicated. If the claim remains denied, issue a supplemental statement of the case (SSOC) containing notice of all relevant actions taken on the claim, to include a summary of the evidence and applicable law and regulations considered pertinent to the issue currently on appeal and allow an appropriate period of time for response. If it is concluded that the veteran did not engage in combat during his time in Viet Nam, state with specificity the reasons for that conclusion. The appellant has the right to submit additional evidence and argument on the matter the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2007). _________________________________________________ RONALD W. SCHOLZ Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2007).