Citation Nr: 20002840 Decision Date: 01/14/20 Archive Date: 01/13/20 DOCKET NO. 17-58 734 DATE: January 14, 2020 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder (PTSD), anxiety, and depression, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1976 to December 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to service connection for an acquired psychiatric disorder. This matter was previously before the Board in August 2019 at which time it was remanded for further evidentiary development to include a VA medical opinion. Following the examination and the issuance of a Supplemental Statement of the Case in October 2019, the Veteran submitted additional information regarding his claimed stressors. He stated that on April 13, 1979, while at Camp Howze in Korea, he was told to report to the First of the Ninth Unit on the DMZ. He feared for his life, refused to go to the DMZ, and was found to be AWOL. He also stated that he did not remember the names of the soldiers he served with or who he reported had died and that he started acting out due to stress while in Korea. Although the Veteran did not provide names or further information on the previously-described stressor incidents, he did describe an incident which is documented in his military personnel records, namely that he had refused to go to the DMZ as ordered and had been AWOL in April 1979. The Board’s remand instructions were specifically to take any new information the Veteran had provided and to undergo any indicated development, to include obtaining the Veteran’s unit records and command diaries and conducting research with JSRRC, NARA, and/or the Marine Corps as needed. The Regional Office (RO) was directed to create an addendum to the January 2015 formal finding, either verifying any confirmed stressors or updating the prior determination. Despite these directives no additional development was undertaken following the Veteran’s statement. As such, remand is needed regarding the claimed stressor and, if verified, a new VA opinion should be obtained. The matters are REMANDED for the following actions: 1. Conduct research with JSRRC, NARA, the Marine Corps, or any other indicated source to attempt to verify the stressors identified by the Veteran. As he has described specific casualties which would be documented in unit histories, determine whether his unit suffered any such casualties during his deployment in Korea from November 1978 to November 1979. Further research any relevant unit records and command diaries to understand the circumstances of the April 1979 incident in which the Veteran refused to report to the DMZ and was deemed AWOL. Issue a formal finding regarding the claimed stressors. 2. If any of the claimed stressors is subsequently verified, obtain a new VA psychiatric examination and opinion to determine whether the Veteran’s current symptomology is at least as likely as not (50 percent probability or better) related to his active service in light of the new evidence. A complete rationale should be provided for all opinions expressed which considers and discusses the pertinent evidence of record, including the Veteran’s lay statements. 3. Thereafter, VA should readjudicate the issue on appeal. If the issue remains denied, a Supplemental Statement of the Case should be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal should be returned to the Board for appellate review if otherwise in order. M.J. COLICELLI Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Rachel E. Jensen, Associate Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.