Citation Nr: 21066211
Decision Date: 10/29/21	Archive Date: 10/29/21

DOCKET NO. 18-24 889
DATE:  October 29, 2021

REMANDED

Whether new and material evidence has been received sufficient to reopen a claim to entitlement for service connection for post-traumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran served in the Navy Reserves from May 1980 to February 1983 and in the Navy from February 1983 to August 1987.

This matter comes before the Board of Veterans' Appeals (Board) on appeal of a July 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO).

In April 2021, the Veteran testified before the undersigned Veterans Law Judge. A transcript of the hearing is associated with the record.

Whether new and material evidence has been received sufficient to reopen a claim to entitlement for service connection for PTSD is remanded.

The Veteran asserts that he has PTSD as a result of military sexual trauma (MST) during service. He denies seeking treatment during service, but reports that his behavior changed after the sexual assault. A September 2019 VA examiner diagnosed PTSD but was unable to identify any in-service markers supporting the occurrence of MST.

However, the Veteran subsequently testified that he received two Captain's Masts during service for possession of marijuana and for being AWOL (absent without official leave) in the Philippines. See April 2021 Board hearing transcript. Consequently, the Board finds that a remand is warranted so that the RO may attempt to obtain documentation of any Captain's Masts issued to the Veteran.

Additionally, the Veteran testified that he was in receipt of Social Security Administration (SSA) benefits for his PTSD. On remand, the RO should obtain these documents and associate them with the claims file. 

The matter is REMANDED for the following action:

1. Contact the appropriate authorities to obtain all military personal records for the Veteran to verify any disciplinary actions taken against him.

2. Contact the SSA and obtain a copy of that agency's decision concerning the Veteran's claim for disability benefits, including any medical records used to make the decision. If any requested records are not available, or the search for any such records otherwise yields negative results, that fact must clearly be documented in the claims file. Efforts to obtain these records must continue until it is determined that they do not exist or that further attempts to obtain them would be futile. The non-existence or unavailability of such records must be verified, and this should be documented for the record. Required notice must be provided to the Veteran and his representative.

3. After completing the above action, and any other development as may be indicated by any response received as a consequence of the actions taken in the paragraphs above, the claim must be readjudicated. If the claim remains denied, a supplemental statement of the case must be provided to the Veteran and his representative. After the Veteran and his representative have had an adequate opportunity to respond, the appeal must be returned to the Board for appellate review.

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Roya Bahrami, 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.