Citation Nr: 1323526	
Decision Date: 07/24/13    Archive Date: 08/01/13

DOCKET NO.  10-02 748	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina


THE ISSUE

Entitlement to service connection for posttraumatic stress disorder.


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 May 1971 to December 1972.

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in June 2009 of the Department of Veterans Affairs (VA) Regional Office (RO).

In July 2012, the Veteran appeared at a hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is in the Veteran's file.

The appeal is REMANDED to the RO via the Appeals Management Center in Washington, DC.  VA will notify the Veteran if further action is required.


REMAND

On the claim of service connection for posttraumatic stress disorder, the Veteran has identified the in-stressor as the learning of the death of a fellow service member, during a vehicle accident in September 1972, while the two were stationed at Camp Casey in Korea.

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).



As the death of a fellow service member in a vehicle accident is a noncombat stressor, 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 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 fatal vehicle accident involving a service member whose first name was John at Camp Casey, Korea, over the period from September 1, 1972, to October 31, 1972. 

2.  If there is credible evidence of the in-service stressor, afford the Veteran a VA examination to include the Clinician-Administered PTSD Scale (CAPS) test by a VA psychiatrist or psychologist.  

The VA examiner is asked to determine: 

a).  Whether the Veteran has PTSD and, if so, 

b).  Whether it is more likely than not (i.e., probability greater than 50 percent), at least as likely as not (i.e., probability of 50 percent), or less likely than not (i.e., probability of less than 50 percent) that PTSD is related to the Veteran's corroborated in-service stressor of learning of the death of his friend and fellow soldier in a vehicle accident while the two were serving in Korea in 1972.  



The Veteran's file must be provided to the VA examiner for review. 

3.  After the development has been completed, adjudicate the claim of service connection for a 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 (West Supp. 2012).



_________________________________________________
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).