BVA9502290 DOCKET NO. 93-04 627 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD C. R. Olson, Counsel INTRODUCTION The veteran's active military service extended from April 1966 to November 1968. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 1990 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Houston, Texas. That rating decision, in part, denied service connection for post-traumatic stress disorder (PTSD). The case was previously before the Board in July 1993, when it was remanded for stressor information. The RO wrote to the veteran requesting the necessary information and the letter was returned as "moved, left no address, unable to forward." REMAND It is unfortunate that this case was remanded previously and that not all development could be accomplished due to the fact that the veteran has apparently moved. However, it is noted that in March 1990, the veteran submitted a copy of his Certificate of Mandatory Supervision from the Texas Board of Pardons and Paroles. It states that he will be under mandatory supervision until late July 1995 and provides the address of the parole office. That office should know the veteran's whereabouts. The RO should attempt to contact the veteran through the parole office. In the previous remand, the Board emphasized that credibility is a significant factor in this case. The RO was to develop information which might support the veteran's assertion that he believed he was in Vietnam at the time of shootings in 1979 and 1984. The RO should again attempt to verify this information. The efforts should be documented. The previous remand also noted that the RO had requested stressor information from the veteran and had prepared to forward his responses to the service department for verification. However, the RO did not complete the task. The duty to assist the veteran in the development of his claim includes forwarding any available information to the service department for verification. This should be done. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should refer to the Certificate of Mandatory Supervision from the Texas Board of Pardons and Paroles received in March 1990 in another attempt to locate the veteran. The RO should contact the veteran's parole office in order to find out the veteran's new address. If the parole office will not provide the veteran's current address, it should be asked to forward correspondence to the veteran. All efforts in locating and notifying the veteran should be properly documented. 2. Once the veteran's new address is obtained, the RO should again request from the veteran a statement containing as much detail as possible regarding the stressors to which he was exposed during service. The veteran should be asked to provide specific details of the claimed stressful events during service, such as dates, places, detailed descriptions of the events, his service units in Vietnam, duty assignments and the names and other identifying information concerning any individuals involved in the events. The veteran should be told that the information is necessary to obtain supportive evidence of the stressful events and that failure to respond may result in adverse action. 3. Regardless of the veteran's response, the RO should review the file and prepare a summary of all the claimed stressors. This summary and all associated documents should be sent to the United States Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Springfield, VA 22150. See DVB Circular 21-86-10, particularly, paragraph 4(d). They should be requested to provide any information which might corroborate the veteran's alleged stressors. 4. The RO should initiate appropriate action to secure copies of relevant documents that will shed light on the veteran's statements that he believed he was in Vietnam at the time of the shooting episodes in 1979 and 1985. These documents may be court papers or medical reports prepared contemporaneously with these events. For this purpose, the veteran should be contacted and requested to identify: (a) the medical facility or facilities at which he was treated in 1979 for his gunshot wounds; and (b) any health professional who afforded him medical or psychiatric examination or treatment in connection with his injuries in 1979 or the shooting in 1985 and subsequent legal actions, including presentencing evaluations. The veteran should be asked to provide any necessary releases for those records. The veteran should be advised that the failure to assist in the assembly of this information may have adverse consequences in the adjudication of his claim for compensation benefits. 5. Upon completion of the above development, all necessary action should be undertaken by the RO to secure copies of medical and legal records that will shed light on these events. The RO may, if indicated, use a field examiner to assure that all available records are secured and associated with the claims folder. Following completion of these actions the RO should review the veteran's claim. If the decision remains unfavorable, the veteran and representative should be provided with a supplemental statement of the case and afforded a reasonable period of time in which to respond. Thereafter, in accordance with the current appellate procedures, the case should be returned to the Board for completion of appellate review. The Board intimates no opinion as to the ultimate outcome of this case. No action is required of the veteran until further notice is issued. JOAQUIN AGUAYO-PERELES Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (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) (1993).