Citation Nr: 21028174 Decision Date: 05/10/21 Archive Date: 05/10/21 DOCKET NO. 18-07 771 DATE: May 10, 2021 REMANDED Whether new and material evidence has been received sufficient to reopen a claim for service connection for an acquired psychiatric disorder, to include an unspecified depressive disorder or posttraumatic stress disorder (PTSD), is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Army from October 1963 to October 1965. The Veteran died in November 2018. The appellant claims as the surviving spouse. In July 2019, the RO granted the appellant's request for substitution as the claimant. See 38 U.S.C. § 5121A (2012); 38 C.F.R. § 3.1010 (2019). This matter comes before the Board of Veteran's Appeals (Board) on appeal from an August 2017 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). A January 2020 Board decision denied the appellant's request to reopen the acquired psychiatric disorder claim. In November 2020, the Court of Appeals for Veterans Claims (Court) granted a joint motion by the parties to vacate the Board decision and remand the claim for further appellate review. The Board's January 2020 Board made no mention of any Board hearing, which was essentially questioned by the parties in their joint motion for remand. For purposes of clarification, in September 2019, the RO mailed a notice to the appellant of the date, time, and location of a Board hearing scheduled for October 31, 2019. The parties acknowledged in their joint motion that the appellant received this notice letter. Records show the Board hearing was offered as scheduled on October 31, 2019, but the appellant failed to appear. No good cause for the failure to appear has been offered. Moreover, in correspondence received in February and March 2018, the Veteran withdrew his request for a hearing in writing. Therefore, the request for a Board hearing is considered withdrawn, and this appeal is ready for further appellate review. Whether new and material evidence has been received sufficient to reopen a claim for service connection for an acquired psychiatric disorder, to include in unspecified depressive disorder to PTSD The Veteran filed a request to reopen a previously denied claim for service connection for an acquired psychiatric disorder, to include an unspecified depressive disorder or PTSD. See Form 21-526, April 2017; SOC, January 2018. He died in November 2018. The appellant is the surviving spouse, and she continues the appeal as the substituted claimant. A May 2011 Board decision denied the Veteran's original claim for service connection for an acquired psychiatric disorder, to include PTSD. The Veteran did not file a notice of appeal within 120 days, and the May 2011 Board decision became final. See 38 U.S.C. § 7266(a) (2012). In November 2016, the Veteran filed a request to reopen the claim. A March 2017 rating decision reopened the claim, but denied the service connection on the merits. In April 2017, the Veteran filed another request to reopen the claim. See Form 21-526. An August 2017 rating decision likewise reopened the claim and denied it on the merits, citing that there was no current PTSD diagnosis, and that there was no evidence that the Veteran's depressive disorder was caused by his active service. The Veteran filed an appeal to the Board. See NOD, December 2017; Form 9, January 2018. Most recently, a January 2020 Board decision denied the request to reopen the claim for service connection for an acquired psychiatric disorder. Subsequently, a November 2020 order of the Court granted a joint motion by the parties to vacate the Board decision and to remand the claim for reasons consistent with the joint motion by the parties. Regarding the alleged PTSD stressors, the Veteran reported that he was falsely found guilty of a breach of the peace in service and placed in a stockade where he was beaten and raped, and that a buddy died in a bus explosion in Vietnam. Also, he has reported to VA clinicians that he saw dead and mutilated bodies in Vietnam. See Correspondence, November 25, 2002; Statement, October 14, 2004; CAPRI, received February 2018 at p.1267. Consistent with the reasons set forth in the joint motion by the parties, the Board finds this matter should be remanded to obtain any outstanding psychiatric hospitalization records in light of a VA treatment record dated June 14, 2017, that references a history of multiple hospitalizations due to suicidal thoughts or suicide attempts. See also Correspondence, November 25, 2002 at p.4 (reported hospitalization in Guayama, P.R., within two years of separation for stabbing himself). Also, the claim should be remanded because the parties agreed in their joint motion that a follow up request for stressor verification should be sent to the Joint Services Records Research Center (JSRRC) with more specific unit information as reported by the Veteran in May 2018 correspondence. See CAVC, November 2020 at p.2; DPRIS response, July 21, 2009 (requesting lowest possible level of unit designation); Correspondence, May 2018. Specifically, in May 2018 correspondence, the Veteran wrote that the RO's request for verification to JSRRC included the wrong unit information. The Veteran noted that his correct unit information is as reflected on his DA Form 1 - SO 47 HQ Saigon Vietnam Logistic Area APO 96307, and/or the 223d QM Co (FD). See Personnel records, received January 2021 at p.3-4 of 8. The Veteran also wrote that "CZXAAA APO 96307, U.S. Army Pacific USARPAC" was his "unit identifier" (the DA Form 1 notes "CZXA AA" or "CZX AA" on line 9). This inquiry is necessary to verify traumatic events reported to have occurred in Vietnam. However, the Veteran reported that he was sexually assaulted while held in a stockade at Fort Jackson while he was assigned to the 4th Training Brigade at Fort Jackson in 1964. Therefore, on remand, the agency of original jurisdiction (AOJ) should again seek verification of the Veteran's reported stressors using the unit information appropriate to the reported date of the traumatic event. Although the Army Crime Records Center reported no record are held outside a 40 year retention period, additional evidence may be available by direct communication to the Fort Jackson correctional facility or the Fort Jackson Provost Marshall. The matters are REMANDED for the following action: 1. Ask the appellant to identify all records of psychiatric hospitalization of the Veteran at non-VA facilities, and any records of psychiatric hospitalizations at a VA facility prior to 2000, so that any outstanding records may be associated with the claims file. To that end, ask the appellant to complete a Form 21-4142 authorization to obtain the records. Also, ask the appellant specifically if she can identify any outstanding psychiatric hospitalization records dated between 1965 and 1967. See Correspondence, November 25, 2002 at p.4 of 5. 2. Send new requests to the JSRRC seeking to verify the Veteran's reported stressors involving (1) the alleged military sexual trauma (MST) and assault during confinement after a June 1964 Special Court Martial, (2) his buddy R-- dying in a bus explosion in Vietnam between August 1965 and September 1965, and (3) seeing dead bodies or mutilated bodies in Vietnam. See Correspondence, November 25, 2002; Statement, October 14, 2004; CAPRI, received February 2018 at p.1267.; DPRIS response, July 21, 2009 (requesting more specific unit information); Share Print Screens, August 11, 2009 (two), and DPRIS Responses, September 2, 2009 (three). Please include the following unit information: - April 14, 1964, to July 5, 1964 HHC 4th Brigade, Ft. Jackson, SC; and at the Fort Jackson correctional facility (stockade). - July 6, 1964, to August 27, 1964 71st T Co, Ft. Eustis, VA; - August 28, 1964, to March 4, 1965 UO 23 76th Engineer Co., Ft. Lee, Texas; - June 25, 1965, to October 1965 - 223d QM Co (FD), and/or SO 47 HQ Saigon Logistics Area, APO US Forces 96307. Also note in the JSRRC request for verification that the Veteran believes his "unit identifier" was "CZXAAA APO 96307, U.S. Army Pacific USARPAC" (or "CZXA AA" or "CZX AA"). See Correspondence, May 2018; see also Personnel records, received January 2021 at p.3-4 of 8. Also, attempt to obtain records of the reported assault of the Veteran while incarcerated in the stockade at Fort Jackson from that facility or from the Fort Jackson Provost Marshall's office. J.W. FRANCIS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Juliano, 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.