Citation Nr: 21063343
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 17-49 579
DATE: October 14, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder to include posttraumatic stress disorder (PTSD), major depressive disorder, and anxiety disorder is remanded.

REASONS FOR REMAND

The Veteran served on active duty from February 1973 to September 1974.

The matter was previously before the Board in November 2019.  Unfortunately, the Board finds that another Remand is necessary.

In this regard, the Veteran contends that he developed PTSD after witnessing a service member being shot in January 1974.  In a January 2017 statement, the Veteran provided the names of the parties involved, including the name of the deceased, as well as the date and the location of the shooting.  The regional office (RO) subsequently requested that the stressor be verified.  In a July 2017 response from the Defense Personnel Records Information Retrieval System (DPRIS), it was noted that the historical documentation did not include the incident described by the Veteran.  The response further noted that further research could be possible if the deceased of injured Airman's name was provided by the Veteran.  It was also noted that if an investigation was conducted into the incident by base law enforcement or base security, then any information regarding the incident may be maintained by the U.S. Air Force Office of Special Investigations (OSI).  The DPRIS response recommended that the OSI be contacted to potentially obtain further information.  The record does not reflect that any follow-up request was made.  Moreover, contrary to what the DPRIS response indicated, the Veteran did provide the names of the servicemembers involved in the incident.  Accordingly, a remand is warranted to ensure that VA completes necessary development to corroborate the Veteran's reported stressor.

The matter is REMANDED for the following action:

1. Contact the U.S. Air Force Office of Special Investigations, or any other appropriate entity or records repository, as recommended in the July 2017 DPRIS response, in an effort to verify the Veteran's claimed stressor as set forth in his January 2017 statement.  Conduct any additional development as may be necessary upon receiving a response.  All attempts to verify the reported stressor must be documented in the claims file.

2. Then, after undergoing any additional development as may be warranted by the receipt of new evidence, readjudicate the issue on appeal.

 

 

ERIC S. LEBOFF

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Polly Johnson, 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.