Citation Nr: 21011633 Decision Date: 03/02/21 Archive Date: 03/02/21 DOCKET NO. 15-08 547 DATE: March 2, 2021 REMANDED 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 Marine Corps from October 1974 to October 1978. On a February 2015 VA Form 9, the Veteran requested a Board hearing at the Agency of Original Jurisdiction (AOJ). In April 2018, he withdrew that request. Acquired Psychiatric Disorder, To Include PTSD In an August 2011 statement in support of the claim for service connection for PTSD, the Veteran identified two in-service stressors. The first was seeing the body of a Marine who committed suicide at the Marine Barracks in Washington, DC in November 1977 or December 1977. The second was seeing the body of a civilian killed in his home in June 1980 during Reserve service but not during a period of active duty for training (ACDUTRA) or inactive duty training (INACDUTRA). In a June 2012 statement, the Veteran noted that he was convicted of murder and was incarcerated from June 1980 to June 2011. In a November 2012 statement, he stated that he committed the murder in June 1980 during Reserve service. VA medical records show that in January 2012 the Veteran reported flashbacks of a Marine who committed suicide and that he murdered the boyfriend of a relative. He stated that he killed the man during leave from the Marines. In February 2012, he was diagnosed with PTSD. He was also diagnosed with depression and anxiety. In a November 2012 memorandum, the AOJ determined that the information required to corroborate the Veteran’s stressful events was insufficient for verification or to allow for meaningful research of Marine Corps records. Thus, in the November 2012 rating decision on appeal, the AOJ denied the claim. In the notice of the decision, the AOJ found that the Veteran did not experience a stressful event in service. Initially, to the extent that the Veteran asserts that the murder he committed during Reserve service is an in-service stressor, such event may not be used to support his claim for service connection for PTSD. Similarly, as the stressor of seeing the dead man in his home did not occur during a period of ACDUTRA or INACDUTRA, that stressor also may not be used to support his claim. However, the suicide of a Marine at the Marine Barracks would be a valid stressor. While the AOJ found that there was not enough information to verify this stressor, a suicide at the Marine Barracks in late 1977 should be verifiable. As the Veteran’s service personnel records show that he served as a guard or policeman at that time, it is plausible that he saw a dead Marine if one committed suicide. Thus, the AOJ should attempt to verify the stressor. As the Veteran’s service personnel records may note this stressor, his complete service personnel records should be obtained. The AOJ should then provide the Veteran with an examination to determine if he has a psychiatric disorder related to active service. Accordingly, this matter is REMANDED for the following action: 1. Obtain the Veteran’s complete service personnel records. 2. Attempt to verify the Veteran’s in-service stressor of seeing the body of a Marine who committed suicide at the Marine Barracks in Washington, DC in November 1977 or December 1977. 3. Then, schedule the Veteran for an examination to determine the nature and etiology of his acquired psychiatric disorder, to include PTSD. The examiner should review the claims file and note that review in the report. The examiner should ensure that all indicated tests and studies are conducted. The examiner should provide a complete rationale for all conclusions. The examiner should address the following. (a.) If the examiner diagnoses the Veteran with PTSD, then the examiner should identify the stressor on which the diagnosis is based. [The Veteran’s stressor is seeing the body of a Marine who committed suicide at the Marine Barracks in Washington, DC in November or December 1977.] (b.) The examiner should state whether it is at least as likely as not (50 percent or greater probability) that any currently diagnosed acquired psychiatric disorder other than PTSD had its onset during active service or is causally related to such service. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. W. Kim, 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.