Citation Nr: 1318003 Decision Date: 06/03/13 Archive Date: 06/11/13 DOCKET NO. 08-19 080 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to service connection for a psychiatric disorder, including posttraumatic stress disorder. REPRESENTATION Veteran represented by: Texas Veterans Commission WITNESS AT HEARING ON APPEAL Veteran ATTORNEY FOR THE BOARD N. L. Northcutt, Counsel INTRODUCTION The Veteran, who is the appellant, served on active duty from October 1965 to June 1968. This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in September 2007 of a Department of Veterans Affairs (VA), Regional Office (RO). In May 2009, the Veteran appeared at a hearing before a Decision Review Officer. A transcript of the hearing is in the Veteran's file. In August 2011 and October 2012, the Board remanded the claim of service connection for a psychiatric disorder, including posttraumatic stress disorder. As further development is required, the appeal is again REMANDED to the RO via the Appeals Management Center in Washington, DC. REMAND On the claim of service connection for a psychiatric disorder, including posttraumatic stress disorder, the Veteran has identified three in-service stressors: namely, the fatal shooting of a fellow recruit in a live fire training exercise; experiencing combat in Vietnam; and seeing the bodies of four civilians, who were killed in his tent in Vietnam. Unless posttraumatic stress disorder is diagnosed in service and the in-service stressor is related to service, or the in-service stressor is related to combat or to fear of hostile military or terrorist activity, or to a personal assault, the Veteran's lay testimony alone may not establish the occurrence of an alleged noncombat in-service stressor and the record must contain credible supporting evidence that the alleged noncombat in-service stressor actually occurred. 38 C.F.R. § 3.304(f). The fatal shooting of a fellow recruit in a live fire training exercise is a noncombat stressor, and the Veteran's statements and testimony alone may not establish the occurrence of the alleged noncombat in-service stressor and the record must contain credible supporting evidence that the alleged noncombat in-service stressor actually occurred. As for the in-service stressors of experiencing combat and of seeing the bodies of four dead civilians in Vietnam, there are inconsistencies in the service personnel records, pertaining to the circumstances and conditions of the Veteran's service. As there remains a question of credible supporting evidence of an in-service stressor to support the diagnosis of posttraumatic stress disorder, the case is REMANDED for the following action: 1. Ask the appropriate federal custodian of U.S. Army records for documentation of: a). A fatal shooting of a recruit on an infiltration course in a live fire exercise at night at Folk Polk, Louisiana, over the period from October 1, 1965, to December 31, 1965; and, b). Whether recruit training at Folk Polk, Louisiana, over the period from October 1, 1965, to December 31, 1965, would have included training, which exposed recruits to live fire. If the records requested do not exist or further efforts to obtain the records would be futile, make a formal finding of unavailability and notify the Veteran and his representative in accordance with 38 C.F.R. § 3.159(e). 2. Ask the appropriate federal custodian of U.S. Army records for: a). The morning reports of Troop A, 1st Squadron, 10th Cavalry, for the Veteran's duty status during the month of September 1966; and, b). The morning reports of Company A, (Provisional) U.S. Army Garrison, Fort Lewis, Washington, for the Veteran's duty status during the month of September 1966. If the records requested do not exist or further efforts to obtain the records would be futile, make a formal finding of unavailability and notify the Veteran and his representative in accordance with 38 C.F.R. § 3.159(e). 3. Ask the appropriate federal custodian of U.S. Army records for the orders, deploying the Veteran to Vietnam in September 1966, and reassigning the Veteran in November 1966, travel orders to and from Vietnam, or pay vouchers for hazardous duty incentive pay from September 15, 1966, to November 15, 1966, while the Veteran was in Vietnam after the Veteran was absent without leave until September 16, 1966, from Company A, (Provisional) U.S. Army Garrison, Fort Lewis, Washington. If the records requested do not exist or further efforts to obtain the records would be futile, make a formal finding of unavailability and notify the Veteran and his representative in accordance with 38 C.F.R. § 3.159(e). 4. If there is credible evidence of an in-service stressor, afford the Veteran a VA psychiatric examination, including psychological testing for posttraumatic stress disorder, to determine: Whether it is more likely than not (probability greater than 50 percent), at least as likely as not (probability of 50 percent), or less likely than not (probability less than 50 percent), that posttraumatic stress disorder is related to the credible evidence of any in-service stressor. The Veteran's file must be provided to the VA examiner for review. 5. After the development has been completed, adjudicate the claim of service connection for a psychiatric disorder, including posttraumatic stress disorder, under 38 C.F.R. § 3.304(f). If the benefit sought is denied, furnish the Veteran and his representative with a supplemental statement of the case and return the case to the Board. 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). The claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board 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. 38 U.S.C.A. §§ 5109B, 7112. _________________________________________________ George E. Guido Jr. Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board 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) (2012).