Citation Nr: 21067964
Decision Date: 11/08/21	Archive Date: 11/08/21

DOCKET NO. 17-36 039A
DATE: November 8, 2021

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from September 1963 to May 1968.

This case is before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

In October 2019, the Veteran testified at a Board hearing.  The transcript of the hearing has been associated with the record.

In a December 2019 decision, the Board denied the claim of service connection for an acquired psychiatric disorder.  The Veteran appealed the denial to the United States Court of Appeals for Veterans Claims (Court), which vacated the Board's December 2019 decision regarding the denial of service connection for an acquired psychiatric disorder in a May 2021 Order.  The Court deemed the issue of service connection for a left knee condition abandoned.

The Court concluded that the Board provided an inadequate statement of reasons or bases for finding VA satisfied its duty to assist in its attempt to corroborate the Veteran's alleged stressor.  Specifically, the Court found that VA sent incomplete requests to verify the stressor.  Therefore, a remand is needed to make a complete request to corroborate the alleged stressor before readjudicating the claim.

The Veteran contends that in July or August 1965, before his hospitalization at 130th Station Hospital in Heidelberg, he was sent by chief warrant officer (CWO) J.B. from Rhein Main Air Force Base with an ad hoc team for 24 hours in a covert mission to close a communication center "probably in Africa."

The matters are REMANDED for the following action:

1. Undertake all reasonable efforts to verify the contended stressor of the July or August 1965 covert mission authorized by CWO J.B. from Rhein Main Air Force Base to a communication center.

If more details are needed, contact the Veteran to request the information.  If there is still insufficient information to verify the claimed stressor, issue a Formal Finding outlining the steps taken to assist the Veteran and notify the Veteran of VA's inability to verify the claimed in-service stressor.

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2. If the claimed in-service stressor is corroborated, schedule the Veteran for a new VA examination to determine the nature and etiology of any current acquired psychiatric disorder or mental disorder.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Costa, 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.