Citation Nr: 1323957	
Decision Date: 07/26/13    Archive Date: 08/06/13

DOCKET NO.  12-34 695	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Cleveland, Ohio


THE ISSUE

Entitlement to service connection for posttraumatic stress disorder (PTSD).


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

R. Erdheim, Counsel

INTRODUCTION

The Veteran served on active duty from June 1943 to February 1946. 

This matter comes before the Board of Veterans' Appeals (Board) from an October 2010 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO) that declined to reopen the previously denied claim for PTSD.  The Board reopened and remanded the claim in May 2013.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).

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

On previous remand, the Board directed the AMC to verify with the appropriate service agency as to whether the Veteran was onboard the C-46D aircraft that crashed at Kingman RFC on January 5, 1946.  Such development was not accomplished and must be done on remand.  See Stegall v. West, 11 Vet. App. 268 (1998).  

Accordingly, the case is REMANDED for the following action:

(Please note, this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  Expedited handling is requested.)

1. Contact the appropriate service agency to determine whether the Veteran was onboard the C-46D that crashed at Kingman RFC on January 5, 1946, and include pertinent documents in the file, specifically the 1946 memorandum listing him as having been onboard the aircraft.  The service agency should determine whether that memorandum is authentic.  All negative responses should be documented in the claims file.  The Veteran should be informed of any negative response and given the opportunity to submit additional evidence.

2.  If it is verified that the Veteran was onboard the above reference aircraft, or if the 1946 memorandum is determined to be authentic, schedule the Veteran for a VA examination to determine whether he suffers from PTSD or a psychological disorder that was caused or aggravated by his service.  The examiner should review the claims file and note that review.  All opinions reached should be supported by well-explained rationale. 

Is it at least as likely as not (within the realm of 50 percent probability or greater) that the Veteran's PTSD, or any other diagnosed psychiatric disorder, was caused or aggravated by the airplane crash in service. 

3.  Then, readjudicate the claim.  If the decision remains adverse to the Veteran, issue a supplemental statement of the case. Allow the appropriate time for response, then return the case to the Board.

The appellant 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. 2012).



_________________________________________________
M. E. LARKIN
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) (2012).