Citation Nr: 21066920 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 15-35 629 DATE: November 2, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include major depressive disorder (MDD) and posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the Army from March 1968 to March 1970. This matter before the Board of Veterans' Appeals (Board) is on appeal from an August 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Waco, Texas (Agency of Original Jurisdiction (AOJ)). The Veteran and his wife testified at a Travel Board hearing before the undersigned in May 2018. A transcript of the proceeding is of record. This matter was previously before the Board in October 2018. The Board remanded on the issue of entitlement to service connection for an acquired psychiatric disorder to seek verification of the Veteran's claimed psychiatric stressor. A review of the file reflects that records were requested from the National Archives and Records Administration (NARA); however, it was unable to locate the relevant records. Nonetheless, the Board finds that the AOJ has not substantially complied with the remand directive in accordance with Stegall v. West, 11 Vet. App. 268, 271 (1998). As such, another remand is necessary for additional development. In the Board's prior remand, the AOJ was requested to perform the following development: (1) associate with the record any outstanding VA treatment records; (2) associate with the record any outstanding personnel records, to include morning reports, military police reports and/or UCMJ records; (3) if sufficient evidence has subsequently been obtained, refer the case to the U.S. Army and Joint Services Records Research Center (JSRRC) (now known as the U.S. Department of Army, Records Management and Declassification Agency (RMDA)); and (4) upon verification of the cited stressor, schedule the Veteran for a VA examination for his acquired psychiatric disorder. Following the Board's remand, the AOJ associated the Veteran's VA CAPRI treatment records through August 2021 with his file, satisfying the first remand directive. Thereafter, the evidence suggests the AOJ sought the morning reports for the 412th transportation company for the period of May 1, 1969 through July 30, 1969 to no avail. Additional requests for the periods of January 1, 1969 through March 30, 1969, March 31, 1969 through April 30, 1969, and July 31, 1969 through October 1, 1969 appeared to receive no reply (negative or otherwise). Regarding the period of October 2, 1969 through December 31, 1969, the AOJ was told "all available service treatment records (STRs) were previously uploaded." Similarly, a records search response provided in June 2021 documented that there was no evidence located by the NARA to verify the claimed stressor event occurred at any point during 1969, despite separating each request into two month increments as requested by the Board. Throughout the record, the Veteran has remained unsure of the exact date the incident occurred that he cites as a stressor for his acquired psychiatric disorder. At the time he filed his initial stressor statement in January 2013, he stated, "this incident happen[ed] some time ago, [and] I remember it being the same year that I arrived in Okawania (sic)." The Board has deduced that the Veteran was in Okinawa from approximately September 15, 1968 through March 19, 1970. Following this statement, the Veteran began speculating that the incident occurred in the summer of 1969, sometime between May and July. He testified during his Travel Board hearing, however, that "all those years...run together." The Board acknowledges that development has been performed for the entirety of the year 1969. However, given the Veteran's uncertainty regarding the exact date and affording due process, the Board finds that similar development should be performed for the periods of September 15, 1968 through December 31, 1968, as well as January 1, 1970 through March 19, 1970. The matters are REMANDED for the following action: 1. The AOJ should attempt to verify the assertions of the Veteran of an assault or murder of Private A. in Okinawa during the time period of September 15, 1968 through March 19, 1970, specifically for the periods of September 15, 1968 through December 31, 1968, and January 1, 1970 through March 19, 1970. The AOJ should request the morning reports for the 412th Transportation Company and for the United States Army Garrison, Okinawa during the same time periods. The AOJ should also search for any separately filed Military Police and/or UCMJ records from Okinawa, Japan relating to the incident described by the Veteran. All attempts to procure such records and to verify the stressor through unit records must be documented in the file. If no records are available, a negative response must be included in the record. 2. Thereafter, readjudicate the claim. If any benefit sought on appeal remains denied, furnish the Veteran and his representative, if any, a supplemental statement of the case and an appropriate period of time to respond. T. MAINELLI Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Victoria A. Banis, 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.