Citation Nr: 22004331 Decision Date: 01/27/22 Archive Date: 01/27/22 DOCKET NO. 16-10 058 DATE: January 27, 2022 REMANDED Entitlement to an effective date prior to December18, 2013, for the grant of service connection for posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran had active service with the United States Marine Corps from August 1966 to August 1968 with service in the Republic of Vietnam. In May 2018, the Veteran provided testimony before the undersigned Veterans' Law Judge. A transcript of the hearing has been associated with the claims file. In September 2018, the Board of Veterans' Appeal (Board) denied the Veteran claim for an earlier effective date for the grant of service connection for PTSD. The Veteran appealed the September 2018 Board decision to the United States Court of Appeals for Veterans Claims (Court). In a subsequent August 2020 decision, Judge Bartley vacated and remanded the September 2018 Board decision. In December 2020, the Board Remanded the appeal. Entitlement to an effective date prior to December18, 2013, for the grant of service connection for PTSD is remanded. In December 2020, the Board Remanded the appeal "[i]n order to comply with the August 2020 Court decision, [by] contact[ing] all appropriate Federal agencies ... [to] ... request the Veteran 'additional service records, including service personnel records and unit histories, to corroborate his reports of combat' and/or to rule out their existence." Tellingly, while the appeal was in Remand status the agency of original jurisdiction, without an explanation, cancelled its' five September 2021 "Records Research Response" which were begun to verify the Veteran's claimed combat related stressors while serving in the Republic of Vietnam with an occupational specialty of Rifleman. In this regard, the Board notes that these research requests included, for the first time, detailed stressors statements from the appellant as well as identified his Unit Assignment (Alpha Company, 1st Battalion, 7th Marines), his Tour of Duty Dates (May 12, 1968, to July 27, 1968), and his Stressors Start and End dates (May 12, 1968, to July 27, 1968). The Veteran's representative in its' December 2021 presentation argues, and the Board agrees, that the RO's failure to complete the above stressor development was a failure in VA's duty to assist and a Stegall v. West, 11 Vet. App. 268 (1998) (holding that where the remand orders of the Board are not satisfied the Board itself errs in failing to ensure compliance) violation. In this regard, the Board notes that Judge Bartley vacated and remanded the September 2018 Board decision because, in substance, VA did not undertake a search for the claimed outstanding service department records that the appellant claims show he was a "combat" Veteran. Moreover, the appellant's representative claims that these records would show that the claimant met the criteria for PTSD when he first filed his claim for service connection in 1994 and, in accordance with 38 C.F.R. § 3.156(c)(1), they would negate the finality of the July 1994 and November 1999 rating decisions that earlier denied his claims for PTSD. Therefore, in order to comply with the Judge Bartley's decision, the Board finds that it must once again Remand the appeal to complete the above stressor development. See 38 U.S.C. § 5103A(b); 38 C.F.R. § 19.9; Stegall, supra. The appeal is REMANDED for the following action: In order to comply with the Judge Bartley's decision, the RO should have the appropriate party finish the research required to complete the five September 2021 "Records Research Response" cited too above. Because these are Federal records, efforts to verify the Veteran's stressors should only end when it becomes clear that no records to verify them are available. If none of the Veteran's stressors can be verified, a Memorandum of Unavailability documenting all of VA's actions to verify his stressors should be prepared and associated with the claims file and the appellant and his representative should be notified in writing that the stressors cannot be verified. (Continued on the next page) In this regard, the Veteran and his representative should also be notified that VA has no special authority to obtain records that could verify the appellant's claimed combat stressors and they should feel free to undertake any other development that they feel is appropriate in order to obtain any new pertinent evidence. This would greatly help the Board. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N.T. Werner, 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.