Citation Nr: 22018125 Decision Date: 03/28/22 Archive Date: 03/28/22 DOCKET NO. 17-28 470 DATE: March 28, 2022 REMANDED Entitlement to service connection for a psychiatric disability, to include posttraumatic stress disorder (PTSD) is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1972 to February 1980. This matter comes to the Board of Veterans' Appeals (Board) on appeal from the rating decisions in April 2014 and September 2014 issued by the Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the Board in September 2021. The claim was remanded for the RO to afford the Veteran a VA examination. The Veteran attended a VA examination in December 2021. Thus, the Board finds that the RO substantially complied with the September 2021 Board remand directive and that the matter has been properly returned to the Board for appellate consideration. Stegall v. West, 11 Vet. App. 268 (1998). However, the Board finds remand is warranted for additional development. On an April 2013 VA 21-0781 form, the Veteran indicated in 1971 as an explosive ordinance technician he witnessed and investigated an explosive accident where 4 servicemen were killed. This incident occurred while stationed at Lowry AFB in Denver Colorado. Also, he indicated in the Fall of 1979 he feared death after he and another soldier were working on a nuclear device, which subsequently dropped to the ground, and could have brought down the entire missile silo. This incident occurred while stationed at Vanderburg AFB in California. In December 2013 correspondence the RO issued a formal finding of lack of information required for corroborating stressors. The RO indicated the information provided by the Veteran was insufficient to allow meaningful research. The correspondence indicated the details provided on an April 24, 2013, claim for PTSD received with a VA 21-0781 form were insufficient for research. In an April 2014 VA 21-0781 form, the Veteran indicated in the Fall of 1973 he witnessed an "unnamed" pilot accidentally release the ejection button while still inside a hangar, flying off, and ultimately being killed. He indicated this occurred in Bitburg, AFB, Germany while serving with the 36th Munition Maintenance Squadron. In September 2014 the RO received a memorandum indicating the VA had attempted to confirm the Veteran's stressors. However, the attempt was unsuccessful consistent with the current evidence of record, as the stressful incidents described were not documented in any government records. Specifically, the VA was unable to confirm an explosive accident where an "unnamed" aircraft pilot was sitting in the cockpit of an aircraft in a hanger building and accidently engaged the ejection seat causing the pilots death. There were no other stressors investigated. In a March 2016 statement, the Veteran provided additional information for the stressor addressed in the September 2014 Memo. He indicated the aircraft involved was an F-4E while in a squadron based at the Bitburg AFB, Germany. A December 2021 VA examination report indicated review of the Veteran's claims file, recounted the Veteran's history, and recited his complaints. He was diagnosed with PTSD. The reported stressors consisted of fearing death after he and another soldier were working on a nuclear device, which subsequently dropped to the ground, as the Veteran thought the cap was going to go off; witnessing the death of a fellow soldier who was killed after being ejected into the ceiling; and witnessing the death of four service members during an explosion. The examiner determined all 3 claimed stressors contributed to PTSD. It was opined it is as likely as not that the Veteran's diagnosed PTSD is related to service. A rationale was provided; however, the Board cannot grant this claim as the opinion is based on uncorroborated stressors. In PTSD claims that are not combat-related, do not pertain to the fear of hostile military or terrorist activity, nor related to a Veteran's status as a prisoner of war, lay testimony alone is not sufficient to establish that a stressor occurred; it must be corroborated by "credible supporting evidence." 38 C.F.R. § 3.304(f); see Cohen v. Brown, 10 Vet. App. 128, 142 (1997). Here in this case, the alleged stressors are not combat-related, do not pertain to the fear of hostile military or terrorist activity, nor related to a Veteran's status as a prisoner of war. As such a grant requires credible supporting evidence to corroborate the stressors, which has not been provided. Although the record indicates the RO attempted to verify the Veteran's stressor, only one stressor was researched. Specifically, the RO researched the explosive accident where an "unnamed" aircraft pilot was sitting in the cockpit of an aircraft in a hanger building and accidently engaged the ejection seat causing the pilots death. The record does not indicate the RO attempted to verify or research the other provided stressors. Specifically, the RO did not attempt to corroborate the report of fearing death after the Veteran and another soldier were working on a nuclear device, which subsequently dropped to the ground, as the Veteran thought the cap was going to go off; and witnessing the death of four service members during an explosion. These are the stressors that were used to diagnose the Veteran with PTSD as demonstrated in the December 2021 VA examination. Furthermore, since the September 2014 memorandum the Veteran has provided additional details to assist in researching the explosive accident where an "unnamed" aircraft pilot accidently engaged the ejection seat and died. The Board acknowledges in January 2022 the Veteran submitted a statement with additional stressors. However, the alleged stressors are vague and not verifiable as currently provided. The RO should request additional information to verify the additional alleged stressors. Accordingly, remand is warranted to verify the Veteran's stressors. The matters are REMANDED for the following action: 1. Request details on the January 2022 provided stressors. If sufficient details are provided, attempt to corroborate them. 2. Request details on the stressors provided in the April 2013 and April 2014 VA 21-4138 form and attempt to corroborate them. When submitting the stressors for research the RO should include the Veteran's March 2016 statement which includes additional information on the pilot accidently ejecting himself, stressor. All efforts made to corroborate the Veteran's stressors should be documented in the record. 3. If a VA examination is necessary to address any additional stressors and whether they are related to his psychiatric disability, one should be conducted. 4. Conduct any other development deemed necessary and then readjudicate his claim. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jackman, Bridget 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.