Citation NR: 9706068	
Decision Date: 02/25/97		Archive Date: 03/04/97
DOCKET NO.  91-41 966	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Jackson, 
Mississippi


THE ISSUE

Entitlement to service connection for post-traumatic stress 
disorder.


REPRESENTATION

Appellant represented by:	Paralyzed Veterans of America, 
Inc.


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

James A. Frost, Counsel           



INTRODUCTION

The veteran served on active duty from August 1966 to August 
1969.

This appeal arose from a rating decision in November 1988 by 
the Department of Veterans Affairs (VA) regional office (RO) 
in Jackson, Mississippi.

The Board of Veterans’ Appeals (the Board) remanded this case 
to the RO in January 1992, August 1994 and February 1996 for 
further development of the evidence.  The case was most 
recently returned to the Board in December 1996.

The Board notes that, while the case was in remand status, a 
rating decision in November 1996 granted service connection 
for gastroesophageal reflux disease as secondary to treatment 
for a left ankle disorder. 

In the remand decision of August 1994, the Board found that 
an attempt should be made to obtain additional information 
concerning the stressful incidents which the veteran claimed 
had occurred during his service in the Republic of Vietnam 
and precipitated post-traumatic stress disorder.  The claimed 
stressors related to the deaths of service members named 
“Kemp” and “Moses”.  The Board requested that the RO contact 
the National Archives and Records Administration (NARA) to 
determine: the location of the veteran’s unit, the 228th 
Supply and Services Company (228th S&S Co), 567th Bn, 
USASUPCOM, USARPAC, in October and November 1967; and the 
identity of the units to which Mitchell Lynn Kemp, Donald 
Sylvester Moses and Jerald Wayne Kemp were assigned at the 
time of their deaths in October and November 1967 and, also, 
the location of those units on the date of each such 
soldier’s death.

While the case was in remand status, the RO, through 
correspondence with NARA, determined that the soldiers in 
question, their dates of death and their unit assignments 
were as follows:

1.  Mitchell L. Kemp; DOD 10/8/67; CTR 1/11 ACR;

2.  Donald S. Moses; DOD 10/25/67; CoB, 4thBn, 12thInf, 
199thInfBde;

3.  Jerald W. Kemp; DOD 11/16/67; CoB, 5thBn, 60thInf.

However, the RO did not, as requested, obtain information 
from NARA as to the location of the veteran’s unit in October 
and November 1967 or the location of the units of the other 3 
soldiers in question on their dates of death.  That 
information is needed in connection with the issue of 
whether, as required for service connection for post-
traumatic stress disorder, there is credible supporting 
evidence of the veteran’s claimed inservice stressors.  
38 C.F.R. § 3.304(f) (1996).

Under the circumstances, this case is REMANDED to the RO for 
the following:  

The RO should contact NARA for the 
location of the veteran’s unit of 
assignment in October and November 1967 
and the location, on their dates of 
death, of the units of assignment of 
Mitchell Lynn Kemp, Donald Sylvester 
Moses and Jerald Wayne Kemp.

Following completion of that action, the RO should review the 
evidence and determine whether the veteran’s claim may now be 
granted.  If the decision remains adverse to the veteran, he 
and his representative should be provided with an appropriate 
Supplemental Statement of the Case and an opportunity to 
respond thereto.  The case should then be returned to the 
Board for further appellate consideration.  The purpose of 
this REMAND is to obtain clarifying information.  By this 
REMAND the Board intimates no opinion, legal or factual, as 
to the ultimate disposition of the appeal.  No action is 
required of the veteran unless he receives further notice.


		
	BRUCE KANNEE
	Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures 
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, 741 
(1994), permits a proceeding instituted before the Board to 
be assigned to an individual member of the Board for a 
determination.  This proceeding has been assigned to an 
individual member of the Board.

Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the 
Board of Veterans' Appeals is appealable to the United States 
Court of Veterans Appeals.  This remand is in the nature of a 
preliminary order and does not constitute a decision of the 
Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) 
(1995).
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