Citation Nr: 21009056
Decision Date: 02/18/21	Archive Date: 02/18/21

DOCKET NO. 18-34 739
DATE: February 18, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Army from September 1965 to September 1967.

In January 2021, the Veteran testified at a videoconferencing hearing before the undersigned Veterans Law Judge.  A transcript of the hearing is of record.

Entitlement to service connection for an acquired psychiatric disorder, to include PTSD, is remanded.

The Board notes a VA examiner determined in June 2016 and April 2018 that the Veteran does not have a diagnosis of PTSD.  However, in March and April 2016 and May 2017 opinions, the Veteran’s private physician opined that the Veteran has a PTSD diagnosis that is related to service.  See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). 

Additionally, the Veteran has provided statements relating to his PTSD stressors, to include: 

•	Witnessing a military vehicle collide with a civilian bus on April 23, 1966 between Bien Hoa and Saigon that resulted in injuries and deaths of a number of people; and 

•	Witnessing a fellow soldier named Steve Blood drown in the harbor in Saigon, and witnessing the death of a lieutenant (who is named specifically in the record) by enemy fire in Saigon.  

However, these asserted stressors have not been developed or verified by the RO.  Thus, on remand, the Agency of Original Jurisdiction (AOJ) should take the appropriate steps to develop and verify the Veteran’s claimed in-service PTSD stressors.  See 38 C.F.R. § 3.304(f).

The matter is REMANDED for the following action:

1. The AOJ should undertake any necessary development to independently verify the Veteran’s described in-service stressors as described in the record, including the Veteran’s June 2016 and April 2018 VA examinations, January and April 2016 statements in support of the claim, March and April 2016 and May 2017 private opinions, June 2018 Form 9, and January 2021 hearing.

If the search for the information leads to negative results, the AOJ should notify the Veteran of this fact, explain the efforts taken to obtain this information, and describe any further action to be taken.  In any stressor lacks sufficient information for verification purposes, such should be noted in a formal finding.  

 

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.

 

 

B.T. KNOPE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	K. Veltri, Associate Counsel