Citation Nr: 21068490 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 16-24 269 DATE: November 10, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), anxiety disorder and depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Navy from August 1987 to January 1992. This appeal comes before the Board of Veterans' Appeals (Board) from a December 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In February 2020, the Veteran testified at a video conference hearing before a Veterans Law Judge (VLJ). A transcript of the hearing is available in the record. The Veteran was notified in a September 2021 correspondence that the VLJ who held his February 2020 hearing had retired and that he was entitled to another hearing before a different VLJ. The Veteran also was notified that, if he did not respond within 30 days, the Board would assume that he no longer wanted a hearing. The Veteran did not respond within 30 days and, as such, his Board hearing request is deemed satisfied. See 38 C.F.R. § 20.704. The issue on appeal was remanded by the Board in April 2020 in order to obtain outstanding medical records and to provide the Veteran with a VA examination. The Veteran was also asked to provide further details concerning the alleged in-service stressor event. A review of the evidence of record shows that the Veteran has been diagnosed with various psychiatric disorders, including anxiety disorder, Further, there is a positive nexus opinion of record as documented in a July 2020 VA examination report that related the current disorder to claimed in-service helicopter accident. Therefore, the Veteran's claim essentially turns on whether there is competent evidence of the in-service event. In a July 2020 memorandum, VA determined that it lacked the information the U.S. Army and Joint Services Records Research Center (JSRRC) required to verify in-service stressors reported while assigned to Helicopter Combat Support Squadron (HC-1) in San Clemente Island, California. VA also indicated that a request to JSRRC had been previously submitted on August 24, 2015. In response, the JSRRC indicated that it had reviewed the 1990 command history submitted by Helicopter Support Squadron One (HC-1). The command history documented that HC-1 conducted training at Sand Clemente Island, California; however, there was no documentation supporting an aircraft malfunction. The Board finds that an additional request to JSRRC should be made that encompasses a larger time period. Although the JSRRC indicated that it had reviewed the 1990 command history submitted by HC-1, it is unclear if the alleged accident actually occurred in 1990. During the February 2020 Board hearing, the Veteran indicated that his "best guess" was that the incident occurred in 1990, but he was unsure of the exact date. Therefore, on remand another request should be made to the JSRRC regarding the command history submitted by HC-1 at San Clemente Island from August 1987 to January 1992 (during the Veteran's period of active-duty service). The matter is REMANDED for the following actions: 1. Provide the Veteran another opportunity to give detailed information about the claimed in-service helicopter event. 2. Then, make another request to the appropriate service department for corroboration of the alleged helicopter accident regarding the command history submitted by HC-1 at San Clemente Island from August 1987 to January 4, 1992. The Veteran has reported that, while participating in helicopter training, the helicopter malfunctioned and the pilots had to perform emergency procedures. 3. Then, readjudicate the claim on appeal. L. Chu Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Casadei, 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.