Citation Nr: 21076366
Decision Date: 12/23/21	Archive Date: 12/23/21

DOCKET NO. 18-06 092A
DATE: December 23, 2021

REMANDED

Service connection for post-traumatic stress disorder (PTSD) is remanded.

REASONS FOR REMAND

The Veteran had active service from January 1973 to June 1973 and from August 1974 to January 1975.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  In August 2021, the Veteran testified before the undersigned Veterans Law Judge.  The transcript is of record.

Service connection for post-traumatic stress disorder (PTSD) is remanded.

During an August 2021 hearing, the Veteran reported in-service stressors involving a personal assault: specifically, military sexual trauma.  A remand is required to allow VA to attempt to corroborate the Veteran's reported stressors and send the Veteran notification as required under 38 C.F.R. § 3.309(f)(5).

The matter is REMANDED for the following actions:

The Board makes no finding, implicit or otherwise, as to the credibility of the Veteran's assertions.  Neither the Veteran's credibility nor any lack thereof should be presumed in this remand order.

1. Send the Veteran notice required for PTSD claims based on personal assaults and allow time for a response.  Then, attempt to corroborate the Veteran's in-service stressors based on personal assault, including military sexual trauma.  If more details are needed, contact the Veteran to request the information.

2. After the above development and any additionally indicated development based on the outcome of paragraph 1 has been completed, readjudicate the issue on appeal.  If the benefit sought is not granted to the Veteran's satisfaction, send the Veteran and representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

G. A. WASIK

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	James Hekel

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  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.