Citation Nr: 21076170 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 17-34 501 DATE: December 22, 2021 REMANDED Entitlement to service connection for an acquired psychiatric disorder, to include anxiety, posttraumatic stress disorder (PTSD), and/or depression is REMANDED. REASONS FOR REMAND The Veteran served honorably in the United States Army from July 1956 to April 1957. Upon review of the record, the Board concludes that further evidentiary development is necessary. Although the Board sincerely regrets this delay and is appreciative of the Veteran's service to her country, a remand is necessary to ensure VA provides the Veteran with appropriate assistance in developing her claim prior to final adjudication. Entitlement to service connection for an acquired psychiatric disorder, to include anxiety, posttraumatic stress disorder (PTSD), and/or depression is remanded. In October 2013, the Veteran submitted a VA Form 21-526EZ. Thereby, the Veteran initiated an entitlement claim for an acquired psychiatric disorder, to include an anxiety disorder, posttraumatic stress disorder (PTSD), and/or depression. The Veteran also submitted the following statement : "(we) were held at gunpoint by a would-be kidnapper. We both feared for our lives, but knowing what the guy hand in mind, (we) sat down on the sidewalk and waited for him to shoot us, but instead he drove off in the vehicle he was trying to get us in. A report was filed with the MP at Fort Rucker, AL (emphasis added)." In January 2015, a notation was generated at Health Point. Therein, a provider relayed that, "pt says she was in an incident when she was in the Military many years ago. She was abused by another military person. she had been having anxiety and panic attacks since that time." In October 2017, correspondence from the Veteran's physician / psychologist was associated with the claims file. Therein, the provider relayed that Veteran attempted to obtain copies of military reports to support her service-connection claim, but they were destroyed by fire. The physician vividly portrayed the robbery incident, and the in-service and post-service events that followed, that was described by the Veteran. The physician relayed that Veteran communicated undiagnosed panic attacks after the incident, which occurred during Basic Training. The provider relayed that the Veteran currently endured the symptoms for a PTSD diagnosis. In August 2019, the Veteran supplied sworn testimony to the undersigned Veterans Law Judge (VLJ). At that time, the Veteran testified that, "he held the gun and said you girls come with me to where he had come out of the bushes and when he said that, it scared me so bad because I kind of thought if we went in those bushes, you know, what would happen to us. So I sat down on the sidewalk. I just sat down. I just got weak and sat down. And he - - at that time, he turned the gun to me and said, get up or I'll blow your head off or something like that." The Veteran testified that, "the panic attacks started later about maybe it was about a week or two and I didn't know what was happening to me. I would just get real - - start, you know, just start shaking. It - - something would happen that - - like I was a different person and I would just start shaking and I would have to sit down wherever I was at, you know, or lay my head down or go to bed or whatever." The Veteran testified that, "almost immediately after, let's see, after I got out of the Army, I went to doctors and the - - the one doctor I know told me if I didn't stop thinking like that, I was going to lose my mind . . .." The Veteran's son testified that, "I can corroborate that she's had panic attacks for as long as I can remember." The Board notes that VA has provided for specific types of cases where lay evidence alone may be sufficient to describe the stressor and further corroborating evidence will not be required. Corroborating evidence is not required in cases where (1) PTSD is diagnosed in service; (2) the evidence establishes the Veteran engaged in combat with the enemy and the claimed stressor is related to that combat; (3) the stressor is related to the Veteran's fear of hostile military or terrorist activity; or (4) the evidence establishes that the Veteran was a prisoner-of-war and the stressor is related to that prisoner-of-war experience. 38C.F.R. §3.304. In any of the above situations, the Veteran's lay testimony or statement is accepted as conclusive evidence of the stressor's occurrence and no further development or corroborative evidence is required providing that such testimony is found to be consistent with the circumstances, conditions, or hardships of service and there is no clear and convincing evidence to the contrary. See 38U.S.C. §1154 (b); 38C.F.R. §3.304. In November 2019, the Board addressed the Veteran's claim for service connection for an acquired psychiatric disability. At that time, the Board remanded the claim to the AOJ for additional development. The Board noted that there was no record that the Veteran was notified that she could submit alternative sources of evidence in place of the missing service record; the claims file did not reflect that the JSRRC was provided with the Veteran's correct/complete unit of assignment; and, the claims file did not reflect that the AOJ had made an attempt to contact the U.S. Army Crime Records Center to attempt to retrieve an incident report for the claimed assault endured by the Veteran in 1956. In November 2019, the AOJ contacted the U.S. Army Crime Records Center. Therein, the AOJ relayed that, "(p)lease send a copy of the available records as soon as possible. Please provide a negative response if you do not have any information concerning this Veteran." In November 2019, the AOJ contacted the Veteran. At that time, the AOJ indicated / identified the evidence that the Veteran could submit in place of her missing personnel records. In December 2019, correspondence from the National Archives and Records Administration (NARA) was associated with the claims file. Therein, the NARA relayed that the Veteran's records were fire-related, and the personnel information that was requested could not be reconstructed. In January 2020, a subsequent development letter was sent to the Veteran. Therein, VA requested the complete organization to which the Veteran was assigned during the time of the alleged assault in 1956. VA also supplied a NA Form 13055. In February 2020, the Veteran submitted a completed NA Form 13055. Therein, the Veteran submitted information needed to reconstruct medical data, to include the military units that she was treated for panic attacks in 1956 and 1957. In February 2020, a statement from the Veteran's eldest daughter was associated with the claims file. Therein, the daughter relayed that the Veteran had always endured anxiety and fear, which had dictated the course of her life. In May June, July, August, and November 2020, the AOJ submitted requests, using M05-V. Therein, the AOJ requested the sick / morning reports of the Medical Battalion, 5th ID. The AOJ requested for remarks / notations pertaining to the Veteran being held at gunpoint during a robbery. In August 2020, correspondence from the Veteran was associated with the claims file. Therein, the Veteran relayed that, "I would like to add that I have been seen by many doctors that have helped me along the way since I was held up at gun point . . .. I am unable to find all of them because they have either moved their practice or are no longer practicing and also because a lot of years have passed by." In July 2021, a VA 21-3101 was associated with the claims file. Therein, VA responded to the M05-V request with the following: "searched requested unit for requested period yielded native results." In October 2021, the Veteran underwent a VA examination that addressed the nature and etiology of any currently endured PTSD. The examiner noted a current diagnosis for chronic PTSD. After reviewing the claims file, the examiner opined that the Veteran's PTSD was more likely than (50 percent or greater probability) incurred because of the claimed in-service robbery. The Board observes that, in November 2019, the U.S. Army Crime Records Center (USACRC) was asked to "(p)lease send a copy of the available records as soon as possible. Please provide a negative response if you do not have any information concerning this Veteran." After deliberate review of the claims file, the Board observes that the USACRC did not reply to the request for information in November 2019. There are multiple responses from the NARA that indicate they Veteran's military personnel records are fire-related, but no response from the USACRC. As a response from the U.S. Army Crime Records Center could dictate the outcome of the Veteran's service connection claim for an acquired psychiatric disability, the Board now finds that another remand is required to obtain a response. Consequently, the matter is REMANDED to the agency of original jurisdiction (AOJ) for the following action: 1. The AOJ must re-contact the U.S. Army Crime Records Center, asking for any records generated for an assault that involved the Veteran during U.S. Army service. 2. The AOJ should review the record to ensure that the requested information was provided. 3. Then, the AOJ should consider all the evidence of record and readjudicate the claim. If the decision is adverse to the Veteran, issue a Supplemental Statement of the Case and allow the applicable time for response. 4. Thereafter, return the case to the Board for additional appellate consideration. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.