Citation Nr: 0810211 Decision Date: 03/27/08 Archive Date: 04/09/08 DOCKET NO. 06-07 935 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to service connection for post traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Clifford R. Olson, Counsel INTRODUCTION The veteran served on active duty from November 1973 to May 1976. This appeal arises from December 2004 and May 2005 rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana. In August 2007, the Board determined that new and material evidence had been received to reopen the veteran's claim for service connection for PTSD and remanded the case to the RO for further development. 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 In its August 2007 remand, the Board specified that another request should be made through official channels for the veteran's service medical and complete service personnel file for his period of service from November 1973 to May 1976. This was done and the records obtained. The Board also specified that the veteran be requested to submit any service personnel records or service medical records in his possession or any documentation of his claimed stressors. The veteran should also be informed that he may submit statements from other individuals who witnessed the death or injury he claims he witnessed in service. The agency of original jurisdiction (AOJ) also accomplished this part of the remand. Thirdly, if the requested development resulted in obtaining additional service personnel records or service medical records, the AOJ was to prepare a request for verification of the veteran's claimed in-service stressors, noting the dates he was assigned to the 32nd Marine Amphibious Unit, and the names of the individuals he stated died or where injured. Verification of his claimed in-service stressors was to be requested through official sources. This was not done. The veteran's representative requests that this part of the previous remand be done by the RO. The Court has held that a remand by the Board confers on the veteran or other claimant, as a matter of law, the right to compliance with the remand orders and that VA has a duty to ensure compliance with the terms of the remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board notes that the AOJ notified a Member of Congress that, after the veteran's records were obtained, stressor verification would be requested from the Joint Services Records Research Center (JSRRC). JSRRC does not verify Marine Corps Stressors. Accordingly, the case is REMANDED for the following action: 1. The RO should contact the Marine Corps Historical Center (MCHC) at the Marines Corps University Archive, Gray Research Center, 2040 Broadway Street, Quantico, Virginia 22134-5107. It should provide that office with a one- page request on VA letterhead containing: (a) the veteran's name and VA file number; (b) the name of the veteran's unit: 2nd battalion, 8th Marines; (c) the dates the stressful events occurred; (d) a concise description of the stressful events; (e) identification of the unit records reviewed through Virtual VA; (f) the mailing address of the requesting AOJ; and (g) the point of contact at the requesting AOJ. The RO should request assistance from the MCHC in verifying the veteran's alleged in-service stressors: a hand grenade accident involving Cpl T. M. S. in July 1974 or July 1975; and the drowning of G. L. in July 1975. The AOJ should also request confirmation of its negative findings regarding the alleged stressors from the MCHC before readjudicating the issue on appeal. 2. After ensuring proper completion of the necessary development, the AOJ should then readjudicate the issue on appeal. If the disposition remains unfavorable, the AOJ should furnish the veteran and his representative a supplemental statement of the case and afford the applicable opportunity to respond. The appellant has the right to submit additional evidence and argument on the matter or matters 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). _________________________________________________ J. A. MARKEY 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).