Citation Nr: 1029985 Decision Date: 08/11/10 Archive Date: 08/24/10 DOCKET NO. 09-10 386 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD). ATTORNEY FOR THE BOARD Devon Rembert-Carroll, Law Clerk INTRODUCTION The Veteran had active service from September 1965 to June 1967 and from June 1971 to September 1993. This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a May 2008 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) that denied the Veteran's claim for service connection for PTSD. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran if further action is required. REMAND A review of the record discloses a need for further development prior to final appellate review. The Board notes that 38 CFR § 3.304(f)(3) regarding claims of entitlement to service connection for PTSD was recently amended to relax the evidentiary standard for establishing the required in-service stressor in certain cases. The primary result of the amendment is the elimination of the requirement for corroborating evidence of the claimed in-service stressor if it is related to the Veteran's "fear of hostile military or terrorist activity." The new regulatory provision requires that: (1) a VA psychiatrist or psychologist, or contract equivalent, must confirm that the claimed stressor is adequate to support a diagnosis of PTSD; (2) the claimed stressor is consistent with the places, types, and circumstances of the Veteran's service; and (3) the Veteran's symptoms must be medically related to the claimed stressor by a VA psychiatrist or psychologist, or contract equivalent. A recent VBA fast letter advised that if the review of an application for benefits discloses a compensation claim for PTSD and the Veteran's DD-Form 214 verifies service in a location that would involve 'hostile military or terrorist activity' as evidenced by such awards as an Iraq Campaign Medal, Afghanistan Campaign Medal, or Vietnam Service Medal, this evidence would be sufficient to schedule the Veteran for a VA psychiatric examination. See VBA Fast Letter 10-05 (Jul. 16, 2010). In this case, the Veteran's DD-214 reveals that the Veteran was awarded the Vietnam Service Medal; and the Veteran has indicated that his stressors are related to his time in Vietnam. Specifically, he reports that while stationed at Tuy Hoa, he worked as an armorer and his job consisted of taking care of all the weapons in his unit and going on frequent guard duty. The Veteran states that he was afraid for his life because he had to be constantly on alert for any enemy activity directed toward him or his base. The Veteran reports that during his tour of duty, his base came under enemy attack. He also reported witnessing an airplane burn after the nose of the aircraft collapsed on the airfield. The Veteran reports that this incident frightened him because he thought the plane was hit by incoming enemy fire. The Veteran was diagnosed with PTSD by a private doctor in October 2007 after he complained that he had nightmares and frequent flashbacks about the in-service airplane incident. However, to date there is no evidence that a VA, or VA contracted, psychiatrist or psychologist has evaluated the Veteran. The Veteran's claim was denied because evidence corroborating the Veteran's reported stressors had not been received. However, given the recent amendments to 38 CFR § 3.304(f)(3) that have eased the stressor requirements, and given the fact that the Veteran's stressors are related to a fear of hostile military activity, the Board concludes that a VA examination is warranted. Accordingly, the case is REMANDED for the following action: 1. Determine if the new criteria under 38 CFR § 3.304(f)(3) apply to the Veteran's claimed in-service stressor. If so, the Veteran should be afforded a VA examination with a psychiatrist or psychologist. The Veteran's claims file should be provided. The examiner is requested to offer comment and an opinion as to the following questions: A) Is the Veteran's claimed stressor adequate to support a diagnosis of PTSD pursuant to the DSM-IV? B) Are the Veteran's psychiatric symptoms related to the claimed in- service stressor? A complete rationale should be provided for any opinion expressed. 2. Then readjudicate the appeal. If the claims remain denied, provide the Veteran and his representative with a supplemental statement of the case and allow an appropriate time for response. The Veteran 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). _________________________________________________ MATTHEW W. BLACKWELDER Acting 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) (2009).