Citation Nr: 22015332
Decision Date: 03/17/22	Archive Date: 03/17/22

DOCKET NO. 15-35 211
DATE: March 17, 2022

REMANDED

Service connection for posttraumatic stress disorder (PTSD).

REASONS FOR REMAND

The Veteran served on active duty from January 1984 to November 1988. He has been 100 percent disabled since January 2017.

In February 2021, the Board denied service connection for PTSD.  The Veteran appealed to the Veterans Claims Court. In November 2021, the Court Clerk granted a Joint Motion for Partial Remand (JMPR), which vacated the Board's decision as to his claim for PTSD and remanded the case for further development consistent with the JMPR.

Although a July 2013 formal finding determined that VA lacked the necessary information to corroborate the Veteran's claimed PTSD stressors, the JMPR noted that he was deployed at sea for 7 months and 12 days.  In subsequent July 2018 testimony, he indicated that his PTSD stressors occurred in January 1985.  

As such, in accordance with the JMPR, a remand is necessary for the issuance of a formal finding regarding the sufficiency of the information provided by the Veteran to verify his stated in-service stressors, particularly the stressor identified in January 1985.

The matter is REMANDED for the following actions:

1. Identify and obtain any pertinent, outstanding VA and private medical treatment records that are not already of record in the claims file.

2. Perform any appropriate development to verify the Veteran's claimed in-service PTSD stressors.  A formal finding must be made as to whether the information provided by the Veteran is sufficient to justify referral to the JSRRC to verify his stated in-service stressors.

In issuing the formal finding, the Veteran's 7 month and 12-day deployment at sea, as established in his DD-214, and his January 2018 testimony indicating that his stressors occurred in January 1985 must be considered.   

 

 

L. HOWELL

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Spigelman, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.