Citation Nr: 21066195
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 18-39 185
DATE: October 28, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and major depression, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1974 to November 1975.  This matter is before the Board of Veterans' Appeals (Board) on appeal of a February 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In June 2021, the Veteran testified before the undersigned Veterans Law Judge at a virtual teleconference hearing. A transcript of this hearing is of record.

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD and major depression, is remanded.

The record indicates that the Veteran receives benefits from the Social Security Administration (SSA). See June 2021 hearing transcript. The Veteran also submitted a June 2021 correspondence from the SSA indicating that he has been in receipt of SSA benefits since March 2017. The record does not contain a decision from the Social Security Administration (SSA) nor the records upon which the agency based its determination. Records in the possession of the SSA could be supportive of the Veteran's claim. Thus, further development to obtain those records is in order.

In November 2017, the Veteran submitted photocopies of what appear to be records associated with a court martial trial, including a pre-trial advice memo dated in October 1975, and portions of transcripts from a hearing.  In July 2021, the Veteran submitted photocopies of what appear to be portions of transcripts from an Article 32b investigation proceeding held in late 1975. These records were not previously in the claims file. 

On remand, the RO should attempt to obtain any additional, relevant military records to include: any Article 32 investigation reports, a complete transcript of the Article 32b investigation hearing proceeding held in late 1975, and any dismissal proceedings. 

The Veteran is invited to submit any and all pertinent records in his possession.

The matters are REMANDED for the following action:

1. Contact the Veteran and afford him the opportunity to identify or submit any additional pertinent evidence in support of the issue on appeal. Based on his response, the RO must attempt to procure copies of all records which have not previously been obtained from identified treatment sources. When requesting records not in the custody of a Federal department or agency, such as private treatment records, the RO must make an initial request for the records and at least one follow-up request if the records are not received or a response that records do not exist is not received.

2. Attempt to obtain relevant military records to include: any Article 32 investigation reports, a complete transcript of the Article 32b investigation hearing proceeding held in late 1975, and any dismissal proceedings.

3. Undertake appropriate development to obtain a copy of any SSA disability determination(s) for the Veteran and a copy of the records associated with any such determination(s).

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael J. O'Connor, 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.