Citation Nr: 19106970 Decision Date: 01/29/19 Archive Date: 01/29/19 DOCKET NO. 17-37 690 DATE: January 29, 2019 REMANDED Service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND Unfortunately, the Veteran’s service personnel and treatment records are not available. If they were at the National Personnel Records Center in July 1973 they may have been destroyed in the fire that took place at that facility at that time. The Board recognizes there is a heightened obligation to assist the Veteran in the development of the case, a heightened obligation to explain findings and conclusions, and a heightened duty to consider carefully the benefit of the doubt rule in cases, such as in this situation, in which records are presumed to have been, or in actuality were, destroyed was in the possession of the government. See Washington v. Nicholson, 19 Vet. App. 362, 369-70 (2005) (“[W]hen VA is unable to locate a claimant’s records, it should advise him to submit alternative forms of evidence to support his claim and should assist him in obtaining sufficient evidence from alternative sources”); Cromer v. Nicholson, 19 Vet. App. 215, 217 (2005) (citing O’Hare v. Derwinski, 1 Vet. App. 365, 367 (1991)). There is evidence the Veteran had active service. For example, in April 2012, the National Personnel Records Center (NPRC) noted they were able to verify that the Veteran enlisted in the U.S. Army on September 12, 1949, in addition to his service number. However, the NPRC was unable to verify the Veteran’s date of discharge or his character of service. In his questionnaire about his military service from March 2015, the Veteran reported being an infantryman assigned to the 29th Infantry Regiment, 25th Infantry Division in Okinawa, Japan. Furthermore, he reported his separation station as being in Fort Lewis, Washington in June 1953. In January 2015, the Veteran also submitted a photograph in uniform. His ex-spouse also submitted a lay statement recalling how the Veteran spoke of his military service in the Korean War. In May 2013, the RO made a request to the NPRC. The NPRC responded that the reconstruction process requires complete information from point of entry, to unit, to separation center for a search of microfilm records. In March 2015, a report of general information noted the VA contacted NPRC. NPRC confirmed a follow-up request was never submitted and noted it was very likely additional information about the Veteran’s separation and character of service could be found during the reconstruction process. Following a request from the RO, the Veteran submitted a complete NA Form 13075 in March 2015. This information was provided to the NPRC in September 2015; however, the NPRC responded that it needed the Veteran’s complete unit – “ARMY NEED CO, BTRY, BN.” The Veteran completed another NA Form 13075 in February 2016. Documentation of a follow-up request by the RO in not of record. On remand, VA should attempt to complete this development. The matter is REMANDED for the following action: 1. Conduct additional fire-related development of the record by: (a.) Contacting the NPRC or other appropriate Department of Defense/National Archives repository to locate the unit history of the 29th Infantry Regiment and 25th Infantry Division between February 1949 and June 1953 to verify if the Veteran is mentioned within any records – if so, these records should be added to his claims file; (b.) Contacting the Defense Finance and Accounting Service (DFAS) and request the Veteran’s military pay records; (c.) Completing the development request with the NPRC to complete the “reconstruction process” of the Veteran’s records (Request S02). See January 12, 2016 from NPRC. The NPRC must be provided with the Veteran’s point of entry, complete unit (i.e., CO, BTRY, and BN), and separation center. All records requests and responses received must be documented in the claims file and all pertinent follow-up should be undertaken. Any findings of unavailability of records should be noted in formal finding memo. If the RO cannot locate such records, it must specifically document the attempts that were made to locate them, and explain in writing why further attempts to locate or obtain any government records would be futile. The RO must then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claims. The Veteran and his representative must then be given an opportunity to respond. 2. Contact the appropriate VA Medical Center(s) and obtain all outstanding treatment records if relevant to the claim. P. M. DILORENZO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs