Citation Nr: 21015046
Decision Date: 03/16/21	Archive Date: 03/16/21

DOCKET NO. 17-26 640
DATE: March 16, 2021

REMANDED

Entitlement to service connection for a psychiatric disability is remanded.

REASONS FOR REMAND

The Veteran had active duty from November 1980 to July 2000.

This matter comes to the Board of Veterans’ Appeals (Board) on appeal from a June 2014 rating decision issued by Regional Office (RO) of the Department of Veterans Affairs (VA).  

A November 2018 Board decision denied service connection for a psychiatric disability, to include PTSD.  The Veteran appealed the Board’s decision to the United States Court of Appeals for Veterans Claims.  In an August 2019 Order, the Court granted a Joint Motion for Partial Remand, vacating the Board’s decision and remanded the matter to the Board for actions consistent with the Joint Motion.

Entitlement to service connection for a psychiatric disability is remanded.

The Veteran asserts that a psychiatric disability is the result of service.  Specifically, the Veteran reported that “combat tours during his military service” included Operation Desert Shield/Desert Storm in Southwest Asia from November 1990 to May 1991, Bosnia from 1991 to 1992, and Haiti in 1994.  The Veteran asserted that while deployed in those areas, he witnessed soldiers injured and killed, picked up and burned dead bodies, and experienced life threatening enemy attacks.  A review of the records shows overseas service in Korea, Germany, and Haiti, but not Southwest Asia or Bosnia.

Further development is needed to determine whether the Veteran’s unit, Company B 208th Support Battalion, served in Southwest Asia between November 1990 and May 1991, Bosnia between 1991 and 1992, and Haiti in 1994, or whether there is evidence showing the Veteran himself served in those area, and whether the stressors are consistent with the time, place, and circumstances of that service.

The matter is REMANDED for the following action:

1. After obtaining any necessary releases, obtain all relevant VA and private treatment records not already associated with the claims file.  All attempts to locate records must be documented in the claims file. 

2. Submit requests to the United States Army and Joint Services Records Research Center (JSRRC) or appropriate agency to research the Veteran's involvement in Operation Desert Shield/Desert Storm from November 1990 to May 1991, Bosnia from 1991 to 1992, and Haiti in 1994.  JSRRC should be asked to verify whether the Veteran or Veteran’s unit, Company B 208th Support Battalion, was stationed in those areas.  JSRRC should determine whether any of the Veteran’s service was involved in engaging in combat with the enemy, or was in places or the types of circumstances involving hostile military or terrorist activity.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E.O., Associate 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.