Citation Nr: 21071294 Decision Date: 11/30/21 Archive Date: 11/30/21 DOCKET NO. 13-09 664 DATE: November 30, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran had active duty from September 1974 to October 1983. This matter comes before the Board of Veterans' Appeals (Board) from a December 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The issues on appeal were most recently before the Board in September 2017, when it was remanded for additional evidentiary development. Entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. While the Board sincerely regrets the additional delay, further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claims. Where the remand orders of the Board are not fully complied with, the Board errs as a matter of law when it fails to ensure compliance. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran asserts entitlement to service connection for PTSD. Specifically, the Veteran contends that, while stationed at Clark Air Force Base (AFB), Philippines, he was assigned to extra duty cleaning blood and body parts from airplanes returning from Vietnam. See August 2021 Lay Statement. The Veteran further noted that, while the war in Vietnam had ended a couple years prior, bodies were still being recovered in Vietnam and sent to Clark AFB for processing. Id. The Board remanded the Veteran's claim in September 2017. The Board directed the AOJ to undertake development to determine whether the duties of soldiers at Clark AFB included removing body parts and deceased persons and during what time period these duties occurred. If the Veteran's claimed stressor is verified, the Board further directed the AOJ to schedule the Veteran for a VA examination to determine all current mental health diagnoses and opine as to whether such disorder was incurred in or a result of service. The Board finds that there was not substantial compliance with the September 2017 remand directives and another remand is warranted. In August 2021, the United States Joint Services Records Research Center (JSRRC) responded to the RO's request to verify the Veteran's claimed stressor. The JSRRC noted the Veteran's MOS, stationing at Clark AFB, and reports of cleaning blood and body parts from planes. Following comprehensive research, the JSRRC determined that, during the Veteran's service at Clark AFB, three American deaths in Vietnam were reported that could have been brought by plane. Furthermore, extra duty assignments were common practice. Thus, the JSRCC concluded that the available documents confirm the Veteran's claimed stressor event. Following the verification of the Veteran's claimed stressor, the September 2017 remand directed the AOJ to afford the Veteran a VA examination. However, no VA psychiatric examination was scheduled. Given this deficiency, a remand is required to obtain substantial compliance with the Board's remand directives. As the Veteran is currently incarcerated, the Board notes that although VA's ability to provide examinations to incarcerated veterans may be limited by the circumstances of the incarceration, VA must "tailor [its] assistance to the peculiar circumstances of confinement. Such individuals are entitled to the same care and consideration given to their fellow veterans." Bolton v. Brown, 8 Vet. App. 185, 191 (1995) (citing Wood v. Derwinski, 1 Vet. App. 190, 192 (1991)). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA psychiatric examination, with a psychiatrist or psychologist or with a VA contracted psychologist or psychiatrist. If an examination cannot be provided because the Veteran is currently incarcerated, then a VA psychiatrist or psychologist should review the Veteran's claims file. The clinician is to address the following: (a.) Identify whether PTSD is present under the DSM-5. (b.) If a diagnosis of PTSD under the DSM-5 is warranted, specify whether that diagnosis is related to the Veteran's verified stressor, cleaning blood and body parts from airplanes returning from Vietnam. (c.) If the Veteran is diagnosed with an acquired psychiatric disorder, other than PTSD, please opine whether the acquired psychiatric disorder is attributable to his military service. A complete rationale should be given for all opinions and conclusions expressed. The AOJ must make reasonable efforts to accommodate the Veteran with respect to his current incarceration when scheduling the VA examination, to the extent possible, in accordance with Bolton v. Brown. See Bolton, 8 Vet. App. at 19; see also VA Adjudication Procedure Manual, Part III, Subpart iv, Chapter 3, Section F.2.d. If the VA examination simply cannot be conducted due to the Veteran's incarceration, the AOJ should provide documentation of its attempts to obtain the medical examination, including any coordinating efforts with prison authorities. 2. After completing the above, and any other development as many be indicated by any response received as a consequence of the actions taken in the preceding paragraphs, the Veteran's claim should be readjudicated based on the entirety of the evidence. If any benefit sought remain denied, furnish the Veteran and his representative a supplemental statement of the case (SSOC) and return the case to the Board. KRISTI L. GUNN Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. C. Slaughter, Associate 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.