Citation Nr: 21041933
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 16-57 158
DATE: July 10, 2021

REMANDED

Entitlement to service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), dysthymic disorder, and depression, to include as due to military sexual trauma and/or physical assault is remanded.

REASONS FOR REMAND

The Veteran served on active duty from August 1966 to April 1969

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

The matter was most recently before the Board in November 2018, at which time it was remanded for further development, to include sending the Veteran a development letter for PTSD, obtaining outstanding treatment records, scheduling the Veteran for an examination for mental disorders, and readjudicating the issue on appeal.  The RO complied with these instructions, and a VA examination was conducted in October 2019.  The Board is satisfied that the prior remand directives have been complied with.  See Stegall v. West, 11 Vet. App. 268 (1998).

During the October 2019 VA examination, the Veteran described being a first responder to a fatal helicopter accident in San Juan Capistrano in 1968.  He recalled knowing one of the passengers, Captain D.  The examiner identified this event as "Stressor #2" and found that this stressor could cause symptoms of post-traumatic stress.  However, the examiner noted that there "is no evidence in his medical records to substantiate his presence at the time and response to this accident."

When the claim was readjudicated following the November 2018 Board remand, the RO did not address this evidence and did not conduct additional development to verify the claimed stressor.  The Board finds that an in-service stressor has been raised by the record which requires corroboration.

Although the Board regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran's claim so that he is afforded every possible consideration.  38 U.S.C. § 5103A; 38 C.F.R. § 3.159.

This matter is REMANDED for the following actions:

1. Conduct any development necessary to corroborate the in-service stressor described by the Veteran in the October 2019 VA examination, specifically facts surrounding Stressor #2.  

2. Undertake any additional development deemed necessary after the development above is completed.

3. Readjudicate the claim of entitlement to service connection for an acquired psychiatric disorder.

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JONATHAN B. KRAMER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A.M. Edwards, 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.