Citation Nr: A21019686
Decision Date: 12/10/21	Archive Date: 12/10/21

DOCKET NO. 201201-128791
DATE: December 10, 2021

REMANDED

Entitlement to service connection for a psychiatric disability to include posttraumatic stress disorder (PTSD), claimed as the result of military sexual trauma, is remanded.

Entitlement to service connection for right shoulder disability is remanded.

Entitlement to a recurrent sleep disability, to include obstructive sleep apnea, is remanded.

REASONS AND BASES FOR REMAND

The Veteran had active service from July 1990 to November 1990 and from August 1996 to April 1997.  He had additional duty with the Indiana Army National Guard.  

In June 2020, the Agency of Original Jurisdiction denied service connection for PTSD, a right shoulder disability, and sleep apnea.  In his December 2020 Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, the Veteran elected the Evidence Submission docket.  Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the Agency of Original Jurisdiction decision on appeal, as well as any evidence submitted by the Veteran or his attorney with, or within 90 days from receipt of, the VA Form 10182.  38 C.F.R. § 20.303.  

Entitlement to service connection for a psychiatric disability to include PTSD claimed as the result of military sexual trauma, a right shoulder disability, and a recurrent sleep disability to include obstructive sleep apnea is remanded.  

VA should obtain all relevant service records which could potentially be helpful in resolving the claim. Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).

The service personnel documentation of record states that the Veteran served with the Indiana Army National Guard from February 1990 to November 1999.  The Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Indiana Army National Guard have not been verified and the service treatment records associated with that duty have not been requested for incorporation into the record.  That is a pre-decisional error.  

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The matters are REMANDED for the following action:

Contact the National Personnel Records Center (NPRC) or the appropriate service entity and request that verification of the Veteran's complete periods of active duty, active duty for training, and inactive duty for training with the Indiana Army National Guard and all available service treatment and personnel records associated with the Veteran's service be forwarded for incorporation into the record.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

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.