Citation Nr: 21073921 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 17-46 785 DATE: December 13, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disability, to include posttraumatic stress disorder (PTSD), other specified trauma and stressor related disorder, and major depressive disorder, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from August 1958 to August 1962. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This appeal was most recently before the Board in February 2021, at which time the Board remanded the Veteran's claim for further development. Specifically, the remand instructed the RO to make additional attempts, including contacting the Veteran and obtaining any outstanding service personnel records, to verify the Veteran's reported in-service stressors. The claims file does not reflect that this was done. Rather, the RO sent the Veteran an unnecessary request for a release for medical records instead of a request for further information regarding his in-service stressors. Compliance with remand instructions is neither optional nor discretionary. Stegall v. West, 11 Vet. App. 268, 271 (1998). The Board errs as a matter of law when it fails to ensure compliance with remand orders. Id. As no evidence of the above described development exists in the claims file, the Board has no recourse but to remand this issue again to ensure that the previously requested development is completed. Id. Additionally, the February 2021 Board remand also directed the RO to schedule the Veteran for a new VA PTSD examination with etiological opinions for his acquired psychiatric disabilities. The Veteran was afforded such examination in April 2021. The examiner concluded that the Veteran had a diagnosed other specified trauma and stressor related disorder which was at least as likely as not related to his reported in-service stressors that he has asserted occurred while he was serving in Thailand. However, as noted in the February 2021 Board remand, the Veteran's service personnel records are silent for any assignments specifically in Thailand. As such, regardless of whether the RO is able to verify the Veteran's in-service stressors to support a diagnosis of PTSD, the RO should undertake additional appropriate efforts to determine whether any of the units to which the Veteran was assigned in service could have spent time in Thailand during his assignment, as this could support his claim for service connection for an acquired psychiatric disability other than PTSD. Accordingly, the matter is REMANDED for the following action: 1. Obtain from the Veteran as specific information as possible regarding his claimed in-service stressor(s). Upon receipt of such information from the Veteran, take appropriate steps to verify his reported in-service stressor(s), including obtaining all available previously unobtained service treatment records. 2. Undertake appropriate development to determine whether the Veteran could have spent time in Thailand during active service, to include reviewing the Veteran's assigned units during service and contacting appropriate records holders to determine whether any of his assigned units could have sent servicemembers to Thailand during the Veteran's time assigned thereto. 3. Conduct any other development deemed necessary and then readjudicate the Veteran's claim. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. CLAIRE M. DAVIDOSKI Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jackman, Bridget 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.