Citation Nr: 21070640
Decision Date: 11/24/21	Archive Date: 11/24/21

DOCKET NO. 17-37 114
DATE: November 24, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served on active duty with the United States Navy from September 1987 to October 1991.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

The matter was previously before the Board in June 2020, when it was remanded for development of stressor allegations and related examination. The Board noted two stressor events that had been identified by the Veteran with sufficient specificity to allow VA to potentially corroborate the events.  

The first, a steam explosion that injured servicemember J.W.J. in August 1989, was corroborated on remand and discussed by a VA examiner in opining as to service connection.  

The second reported stressor, a June 1990 explosion on the U.S.S. Midway that injured some servicemembers and killed approximately two or three others, was not addressed.  The AOJ's inquiry to the Military Records Research Center (MRRC) was inadequate, as it did not include all known facts, as pointed out by the Board. Nevertheless, further remand for development is not necessary, as the Midway did in fact sustain damage from explosions during the period identified by the Veteran, and even around the time and circumstances the Veteran has reported, per government records.  Euzebio v. McDonough, 989 F.3d 1305 (Fed. Cir. 2021).  This stressor is considered verified.

The VA examination and nexus opinion obtained in October 2020 failed to consider this second stressor, and such is required to fully comply with the Board's remand directives.

The matter is REMANDED for the following action:

1. Schedule the Veteran for a VA mental disorders/initial PTSD examination.  The claims file must be reviewed in conjunction with the examination.  

The examiner must identify all currently diagnosed acquired psychiatric disorders.  PTSD must be specifically addressed.

For each diagnosed condition, the examiner must opine as to whether such is at least as likely as not caused or aggravated by service, to include the verified stressors related to J.W.J.'s burns and explosions in June 1990 aboard the Midway.

With regard to any diagnosed alcohol abuse condition, the examiner must opine as to whether such is related to events in service, or is a manifestation of voluntary and willful drinking of alcohol to excess for enjoyment or to experience its effect.  

2. Then, readjudicate the claim.  If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Ripplinger, 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.