Citation Nr: 0812605 Decision Date: 04/16/08 Archive Date: 05/01/08 DOCKET NO. 05-26 693 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Georgia Department of Veterans Services ATTORNEY FOR THE BOARD B.R. Mullins, Associate Counsel INTRODUCTION The veteran had active service from June 1965 to September 1971, and service in Vietnam from August 1970 to August 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2004 rating decision of the Department of Veterans Affairs Regional Office (RO) in Atlanta, Georgia, denying the veteran service connection for PTSD. 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 record contains VA domiciliary and inpatient medical records from February 2005 through April 2005 which reflect that the veteran was treated, including on an inpatient basis, for PTSD. The examiner who conducted VA examination in July 2004 concluded that the veteran did not meet the criteria for PTSD, and noted that no stressor had been verified. After that 2004 VA examination report was received, the RO obtained information from the Center for Unit Records Research (CURR). CURR verified that the base to which the veteran was assigned was hit by mortar fire on several occasions. CURR did not verify other alleged stressors, including the veteran's report that friends had sustained serious injuries, or the veteran's report that he volunteered as a door gunner on several occasions. Another VA examination was conducted in November 2007. The examiner concluded that the veteran did not meet the criteria for PTSD. Although the examiner recognized, from a review of the examination request form, that the veteran had a verified stressor, the examiner stated that the verified stressor was not specified on this form. As the examiner's statement is not accurate (it appears that there is at least one verified stressor), the Board is not persuaded that it may rely on this examination report. Accordingly, the case is REMANDED for the following action: 1. The veteran's current VA clinical records, if he is receiving VA treatment, should be obtained. 2. The veteran should be afforded VA psychiatric examination with this psychiatrist (see # 2). The examiner should be provided with a copy of this Remand, the claims file, and a summary of the verified stressor(s). In particular, the examiner should review the VA outpatient examination of April 2005 and the report of the November 2007 VA examination. After examining the veteran and conducting any necessary diagnostic examinations, the examiner should state whether it is appropriate to assign a diagnosis of PTSD. The examiner should provide an opinion as to whether it is at least as likely as not or less than likely that the veteran's PTSD is related to the verified stressor(s). The examiner should explain the rationale for the opinion expressed. 3. After completion of the above and any additional development deemed necessary, the expanded record should be reviewed and it be determined if the veteran's claims can be granted. If the claim is not granted to the veteran's satisfaction, the veteran and his representative should be furnished an appropriate supplemental statement of the case (SSOC) and be afforded an opportunity to respond. Thereafter, the case should be returned to the Board for appellate review. The veteran 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).