Citation Nr: 21021742
Decision Date: 04/13/21	Archive Date: 04/13/21

DOCKET NO. 19-31 260
DATE: April 13, 2021

REMANDED

Entitlement to an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), unspecified trauma and stressor related disorder, and major depressive disorder, is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the U.S. Marine Corps from July 2004 to July 2008.  

In April 2021, the Veteran testified at a videoconference Board hearing before the undersigned Veterans Law Judge. 

For the reasons discussed below, the Board finds that a remand is warranted prior to adjudicating the Veteran’s claim. 

In the present case, the Veteran seeks service connection for an acquired psychiatric disorder, which the Veteran contends developed as a result of losing his best friend during service.  The Veteran contends that during his time in service in Iwakuni, Japan, his best friend, Lance Corporal [REDACTED], who also served in the U.S. Marine Corps within the same unit as the Veteran, tragically died on April [REDACTED], 2006 after being hit by a train.  

Here, the record reflects that the Veteran has current diagnoses of unspecified trauma and stressor related disorder and major depressive disorder.  However, the Agency of Original Jurisdiction (AOJ) has not attempted to verify the Veteran’s claimed stressor.  

The Board finds that based on the Veteran’s lay statements describing the time, place, and circumstances surrounding his best friend’s death, there are sufficient details of the Veteran’s in-service stressor to submit a request to the U.S. Army and Joint Service Records Research Center (JSRRC) for verification. 

The matters are REMANDED for the following action:

1. Obtain outstanding VA and non-VA medical records related to the Veteran’s mental health condition.

2. Contact the JSRRC or other appropriate government records repositories, and attempt to verify the Veteran’s claimed stressor: (THE VETERAN’S REPORT THAT HIS BEST FRIEND, LANCE CORPORAL [REDACTED], WHO ALSO SERVED IN IWAKUNI, JAPAN, DIED ON APRIL [REDACTED], 2006).  If more details are needed, contact the Veteran to request the information.

If the JSRRC cannot verify the stressor, the AOJ should document the attempts that were made to corroborate the claimed stressor and explain in writing why further attempts to locate or obtain corroborating government records would be futile.  The AOJ should then: (a) notify the claimant of the specific records that it is unable to obtain; (b) explain the efforts VA has made to obtain that evidence; and (c) describe any further action it will take with respect to the claim. The claimant should then be given an opportunity to respond.

3. If the Veteran’s in-service stressor is verified, request a medical opinion from a qualified medical professional, who, after review of the record, addresses the following question:

Whether the Veteran’s acquired psychiatric disorder, to include unspecified trauma and stressor related disorder and major depressive disorder, is at least as likely as not related to his claimed in-service stressor.

Any opinion expressed by the VA examiner must “contain not only clear conclusions with supporting data, but also a reasoned medical explanation connecting the two.  See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 301 (2008).

 

 

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Abdelbary, 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.