Citation Nr: 1324330	
Decision Date: 07/31/13    Archive Date: 08/07/13

DOCKET NO.  10-46 603	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Columbia, South Carolina


THE ISSUES

1.  Entitlement to service connection for posttraumatic stress disorder. 

2.  Entitlement to service connection for a psychiatric disorder other than posttraumatic stress disorder. 


REPRESENTATION

Veteran represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

The Veteran

ATTORNEY FOR THE BOARD

Evan M. Deichert, Counsel



INTRODUCTION

The Veteran, who is the appellant, served on active duty from July 1960 to July 1964.  

This matter is before the Board of Veterans' Appeals (Board) on appeal of a rating decision in July 2010 of a Department of Veterans Affairs (VA) Regional Office.  

In May 2011, 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 (AMC), in Washington, DC.  


REMAND

The record shows several different psychiatric disorders in addition to posttraumatic stress disorder, including depression and anxiety.  The Veteran asserts that he suffers from posttraumatic stress disorder as a result of stressors while in the Navy. 

The Veteran has identified two stressors.  One, the death of a pilot whose plane crashed after taking off from an aircraft carrier.  The other stressor occurred during flight operations on an aircraft carrier when an aircraft attempted to land with a hung bomb that broke loose and skidded across the deck nearly hitting the Veteran.  

As the evidence of record is insufficient to decide the claims, further development under the duty to assist is needed.    

Accordingly, the case is REMANDED for the following:


1.  Request that the appropriate federal custodian of  naval records search the deck logs of the USS Coral Sea (CVA-43) for an incident in July 1963, when an A-4 aircraft attempted to land with a hung bomb, which broke loose and skidded across the flight deck. 

2.  Afford the Veteran a VA psychiatric examination to include the Clinician-Administered PTSD Scale (CAPS) test by a VA psychiatrist or psychologist to determine:

a).  Whether the Veteran has posttraumatic stress disorder or a diagnosis of a psychiatric disorder other than 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 posttraumatic stress disorder or a psychiatric disorder other than PTSD is related to the noncombat events in service, as identified by the Veteran, namely,  

i).  Witnessing a fatal crash of a Navy pilot from the deck of an aircraft carrier.

ii).  A near miss of being hit by bomb skidding across the flight deck of an aircraft carrier. 

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





3.  After the above development, adjudicate the claims of service connection for posttraumatic stress disorder and for a psychiatric disorder other than PTSD.  If any either benefit sought is denied, issue 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 claims 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).



_________________________________________________
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 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).