Citation Nr: 0812756 Decision Date: 04/17/08 Archive Date: 05/01/08 DOCKET NO. 06-11 033 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Manila, the Republic of the Philippines THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: California Department of Veterans Affairs ATTORNEY FOR THE BOARD David Gratz, Associate Counsel INTRODUCTION The appellant served as a Philippine Scout and a member of the United States Army from March 1946 to February 1949. According to the United States Army Reserve Personnel Center's report of March 1995, the appellant is not credited with valid military service from December 1941 to February 1946. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 2005 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Manila, Philippines. The appeal is REMANDED to the agency of original jurisdiction (AOJ) via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND This case must be remanded to comply with VA's duty to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5103, 5103A (West 2002 & Supp. 2007); 38 C.F.R. § 3.159 (2007). The appellant contends that he had multiple stressors during his non-qualifying service in the Philippine Army from December 1941 to February 1946, and in the Philippine Scouts of the United States Army from March 1946 to February 1949, and that these stressors caused his current PTSD. According to the United States Army Reserve Personnel Center's report of March 1995, the appellant is not credited with valid military service from December 1941 to February 1946. The service department's findings as to the appellant's military service are conclusive and binding on the VA. Duro v. Derwinski, 2 Vet. App. 530 (1992); see 38 C.F.R. § 3.203(a). Because the stressors which the appellant cited in his July 2004 "Information in Support of Claim for Service Connection for PTSD," and in the second, third, and fourth paragraphs of his March 2004 "Stressor Letter," occurred between December 1941 and February 1946, any PTSD arising from those incidents are not for consideration. The appellant has provided evidence demonstrating that he served as a Philippine Scout in the United States Army from March 1946 to February 1949, including his United States Army Separation Qualification Record, his United States Army certificate of Honorable Discharge, his August 2002 United States Certification of Military Service, his April 1948 letter describing his then-current enlistment in the Philippine Scouts, and a February 1949 letter from a United States Army Major General at Philippines Command Headquarters thanking the appellant for his service as a Philippine Scout. In the fifth paragraph of his March 2004 "Stressor Letter," the appellant alleged that he experienced a stressor that occurred while he was in the Philippine Scouts, guarding a supply depot in Batangas City. The appellant alleges that he was a member of C Company, 45th Infantry, 1st Battalion, 1st Regiment, 12th Division, and that he served as a rifleman in Manila, Nichols Field, Batangas, and Camp Odonil. On remand, the appellant should be asked to provide a three- month period during which the alleged incident at the supply depot in Batangas City occurred. If the appellant provides this information, then his Division records for the date(s) on which the alleged incident occurred should be obtained. The Divison records should be reviewed to determine whether the alleged incident occurred during the claimant's creditable service, between March 1946 and February 1949; whether it is more likely than not that the claimant was present with his unit during the alleged incident; and whether the alleged incident was a stressor which gave rise to the claimant's PTSD. Accordingly, the case is REMANDED for the following action: 1. Ask the appellant to provide a three- month period during which the alleged incident at the supply depot in Batangas City occurred. If the appellant provides this information, then his Division records for the date(s) on which the alleged incident occurred should be obtained. Conduct any further development that is necessary in light of the records received. 2. Determine whether the alleged incident occurred during the claimant's creditable service, between March 1946 and February 1949; whether it is more likely than not that the claimant was present with his unit during the alleged incident; and whether the alleged incident was a stressor which gave rise to the claimant's PTSD. 3. When the development requested has been completed, the claim should be readjudicated. If the claim remains denied, provide the appellant with a supplemental statement of the case and allow an appropriate time for response. Thereafter, the case should be returned to the Board, if otherwise in order. The purposes of this remand are to comply with due process of law and to further develop the veteran's claim. No action by the veteran is required until he receives further notice; 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). _________________________________________________ A. BRYANT 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).