Citation Nr: 21004713 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 17-12 322 DATE: January 28, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include depression and posttraumatic stress disorder (PTSD), is remanded. Entitlement to service connection for erectile dysfunction is remanded. Entitlement to service connection for a bilateral foot disability is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from October 1986 to October 1989, and in the U.S Army Reserve for a short period in January 2002. Records also indicate possible additional Reserve service for periods between October 1989 and October 1994 and between May 2000 and May 2006. This matter comes before the Board of Veterans’ Appeals (Board) from a June 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board notes that the Veteran’s separate claims for depression and PTSD have been combined and recharacterized as service connection for an acquired psychiatric disorder. See Clemons v. Shinseki, 23 Vet. App. 1 (2009). While the Board regrets further delay, the Veteran’s appeal must be remanded for additional development. The Veteran’s service connection claims have been denied by the RO based on a determination that the evidence was against a finding of a nexus between his military service and his current disabilities. As noted above, the Veteran served on an initial period of active duty from October 1986 to October 1989, and the record reflects several service treatment records (STRs) from this period. The evidence is absent, however, any additional STRs from the Veteran’s subsequent service in the Army Reserve. There is no indication that any attempts to retrieve additional STRs were made or that additional records are unavailable. Additionally, the record is somewhat unclear as to the Veteran’s periods of service outside of the two periods of active service noted above, including whether there are additional periods of active service. Of note, the Statement of the Case issued in February 2017 states that the Veteran was activated in March 2003 for a one-year period at Fort Benning Georgia. The Veteran has asserted, including during his hearing testimony, that he was deployed to the Southwest Asia Theater of operations during this period. He argued in a June 2014 VA Form 21-0781 (Statement in Support of Claim for PTSD), in support of his service connection claim for an acquired psychiatric disorder, that a stressor incident for the purposes of 38 C.F.R. § 3.304(f) occurred in Iraq in May 2003 during a unit assignment between February 2003 to February 2004. However, he testified that he was actually deployed from approximately February 2003 to November 2003. He also testified to service in Afghanistan during the same period he allegedly deployed to Iraq. While the record does contain March 7, 2003 orders to active duty for a period of 365 days (unless released sooner or extended), as well as March 10, 2003 orders to individual advanced training for mobilization under Operation Enduring Freedom, it is currently absent evidence of any actual deployment. Subsequent orders on July 23, 2003 show the Veteran being reassigned to the Army Reserve Control Group in St. Louis, Missouri. Thus, the matters must be remanded to obtain any missing STRs from the Veteran’s periods of Reserve service after his initial period of active service from 1986 to 1989, as well as any service personnel records evidencing any deployment to Southwest Asia or Afghanistan beginning in 2003 and pay records. The matters are therefore REMANDED for the following actions: 1. Ask the Veteran to identify any outstanding treatment records relevant to his claims. All identified VA records should be added to the claims file. All other properly identified records should be obtained if the necessary authorization to obtain the records is provided by the Veteran. If any records are not available, or the Veteran identifies sources of treatment but does not provide authorization to obtain records, appropriate action should be taken (see 38 C.F.R. § 3.159(c)-(e)), to include notifying the Veteran of the unavailability of the records. 2. Obtain the Veteran’s service treatment records pertaining to his Reserve service and any activations. If records are unavailable, the Veteran should be notified. 3. Obtain the Veteran’s full service personnel record, to include records related to his Reserve service and any activations. If records are unavailable, the Veteran should be notified. 4. Obtain the Veteran’s pay records from the appropriate custodian, such as the Defense Finance and Accounting Service, from February 2003 through November 2003, to verify his duty status and any deployments to Southwest Asia or Afghanistan. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board R. Scarduzio, 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.