Citation Nr: 21068405 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 15-32 105 DATE: November 10, 2021 REMANDED The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for latent schizophrenia is remanded. REASONS FOR REMAND The Veteran has verified active duty service with the United States Army from September 1971 to November 1971 and with the United States Marine Corps from December 1973 to March 1974, from April 1976 to September 1976, from November 1976 to May 1979, and from May 1979 to June 1983. This matter comes before the Board on appeal from September 2011 and May 2012 Regional Office (RO) rating decisions. In May 2017, the Veteran testified at a hearing before the undersigned Veterans Law Judge. The Board denied the above issues in an August 2018 decision. The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims (CAVC or Court). In November 2019, the Court issued a Memorandum Decision vacating and remanding the above issues. The case was returned to the Board. In June 2020, the Board remanded this claim for additional development. It has been returned to the Board for adjudication. 1. The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for PTSD is remanded. 2. The issue of whether new and material evidence has been received to reopen the claim of entitlement to service connection for latent schizophrenia is remanded. In June 2020, the Board remanded these claims for the purpose of conducting development that was directed by the November 2019 Memorandum Decision. The Memorandum Decision noted that VA had not requested service treatment records from the entire period of the Veteran's claimed service. It stated the following: Specifically, at various points VA limited its requests for appellant's records to records dated beginning in either 1976 or December 1973. But as the Secretary discusses, appellant has claimed that he served in 1972 and 1973 (other than December). On remand, the Board must request service records for these periods. The Veteran testified at his May 2017 Board hearing that he served in Vietnam for one year from 1972 to 1973. (See Board hearing transcript, page 4.) He reported that he was attached to the "3rd Battalion, 9th Marines" in Vietnam and that his Military Occupational Specialty (MOS) was truck driver. (See Board hearing transcript, page 10.) The Veteran has also submitted an August 1980 newspaper article in which he stated that he was deployed in October 1973, at which time he "'visited Denmark, Sweden, Taiwan, Singapore and Korea.'" Based on the above information, the Board remanded these claims to attempt to obtain any outstanding service treatment records and service personnel records for the period from January 1, 1972, to December 26, 1973, to comply with the Memorandum Decision. On remand, the Appeals Management Center (AMC) conducted the requested development and obtained some service department records that had not previously been of record. The Board notes, however, that the dates of inquiry that were listed in the "Period of Service Data for Branch: MC" were no earlier than 12-27-1973. Given that the Court has directed VA to attempt to obtain records dated in 1972 and 1973, the Board finds it necessary to remand these claims again. On remand, the AMC should duplicate its prior development efforts but should use the dates 01-01-1972 to 12-26-1973 as the "Period of Service Data for Branch: MC." The matters are REMANDED for the following action: Please conduct the necessary development to attempt to obtain any outstanding service department records dated from January 1, 1972, to December 26, 1973. Any search requests should specifically list the dates January 1, 1972, to December 26, 1973, as these are the dates that the Court has directed VA to search. The Veteran has reported that he served in Vietnam for about a year during this period. He has stated that he was attached to the "3rd Battalion, 9th Marines" at that time. He also reported that he was deployed in October 1973, at which time he "'visited Denmark, Sweden, Taiwan, Singapore and Korea.'" If these records are found not to exist or the AOJ determines that further efforts to obtain these records would be futile, VA shall notify the Veteran of the unavailability of these records and provide notice of all efforts that have been made to obtain these records. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Elizabeth Jalley, 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.