Citation Nr: 21014351 Decision Date: 03/11/21 Archive Date: 03/11/21 DOCKET NO. 17-60 389 DATE: March 11, 2021 REMANDED Whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for diabetes mellitus type 2, including as due to herbicide exposure, is remanded. Whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1965 to July 1968. The issues come before the Board of Veterans’ Appeals (Board) from an August 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in February 2021. A copy of the transcript has been associated with the file. 1. Whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for diabetes mellitus type 2, including as due to herbicide exposure 2. Whether new and material evidence has been received to reopen a previously denied claim of entitlement to service connection for PTSD The Veteran contends that he developed diabetes mellitus type 2 as a result of tactical herbicide exposure while serving in the Republic of Vietnam on a temporary duty assignment. The Veteran also claims that he developed PTSD as a result of his service while in the Republic of Vietnam. The Veteran claims that he was assigned to temporary duty at Tan Son Nhut Air Force Base (AFB) in Saigon from September 1967 through December 1967. He states that he was sent to the Republic of Vietnam as a result of the Tet Offensive. He claims that he was assigned as a morning report clerk and was responsible for the reporting of soldiers killed in action (KIA), wounded in action (WIA), prisoners of war (POW), or absent without leave (AWOL). While performing these duties, he claims to have been exposed to “numerous instances of human carnage including dismembered body parts, body bags with blood stain and flag-draped coffins.” See July 2013 statement. At the February 2021 Board hearing, the Veteran testified that while performing his duties in Vietnam, he had to report and identify a relative’s body after he was killed. He stated that this experience has contributed to his PTSD. The Board notes that the Veteran’s military personnel records do not indicate any foreign service, to include in the Republic of Vietnam. See record of assignments. However, the Veteran contends that following the Tet Offensive, “the U.S. Army issued a declaration to all active duty and reserve personnel that their temporary duty assignments (TDY) averaging 3-4 months would no longer be recorded in the active duty personnel file or recorded on the DD Form 214 at the time of discharge from active duty. See July 2013 statement. The Veteran’s DD 214 shows that his military occupational specialty (MOS) was a personnel specialist. The Veteran contends that he served as personnel for the 1st and 4th Infantry Divisions while in the Republic Vietnam. See November 2017 VA Form-9. He claims that he served under Captain Robert Youngert while in Vietnam. Captain Youngert served in the 1st Infantry unit from 1965 to 1966 and in the 4th Infantry unit from 1966 to 1967. See internet search results submitted December 2007. The Board finds that as there may be outstanding morning reports that may be able to corroborate the Veteran’s claim that he was sent for a temporary duty assignment to the Republic of Vietnam, a remand is required in order to attempt to obtain such records. Additionally, upon remand, an attempt should be made to obtain copies of the Veteran’s pay records reflecting pay status from the Defense Finance and Accounting Service (DFAS) and the Army and Joint Services Records Research Center (JSRRC). An attempt should be made to verify whether the Veteran received temporary duty assignment to the Republic of Vietnam during the period from September to December 1967. The matters are REMANDED for the following action: 1. Obtain morning reports, after action reports, or casualty reports for the Veteran’s unit (1st and 4th Infantry Divisions) for the period from September to December 1967, to include the casualty report for Charles Leroy Mitchell Jr., who allegedly served in the 173rd Airborne Brigade during this time. See the hearing transcript and a April 2003 correspondence. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159 (e). 2. Contact the appropriate federal records repository (DFAS, JSRRC) to obtain the Veteran’s pay records in order to determine whether he received combat pay or any type of pay denoting service consistent with travel to the Republic of Vietnam, and temporary duty assignment to the Republic of Vietnam while in the Army from September 1967 to December 1967. All reasonable attempts should be made to obtain such records. If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the claims file. The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A(b)(2) and 38 C.F.R. § 3.159(e). 3. Review the Veteran’s military personnel records, including any morning reports, after action reports, casualty reports, pay records for combat pay, and make a formal finding as to whether the Veteran spent time on the ground in the Republic of Vietnam. Specifically, consider the Veteran’s claim that he was assigned for a temporary duty assignment in Vietnam from September 1967 to December 1967. 4. If the Veteran is confirmed to have served in the Republic of Vietnam during the alleged time period, schedule the Veteran for a psychiatric examination to determine the nature and etiology of any PTSD. If the Veteran is diagnosed with PTSD, the examiner must explain how the diagnostic criteria are met and opine whether it is at least as likely as not related to a verified in-service stressor. If any other acquired psychiatric disorders are diagnosed, the examiner must opine whether each diagnosed disorder is at least as likely as not related to an in-service injury, event, or disease. A clear rationale for all opinions would be helpful and a discussion of the facts and medical principles involved would be of considerable assistance to the Board. M. Donohue Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Morrad, 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.