BVA9500573 DOCKET NO. 93-07 733 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Whether new and material evidence has been presented to reopen a claim for service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel INTRODUCTION The veteran served on active duty from September 1968 to March 1973. This appeal to the Board of Veterans' Appeals (Board) stems from a July 1991 rating decision of the Department of Veterans Affairs (VA) regional office (RO) determining that new and material evidence had not been presented to reopen a claim of service connection for PTSD. REMAND Service department records reveal that the veteran had a military occupation speciality (MOS) of general construction equipment operator. He was not awarded any decorations for combat or valor. He was granted a discharge for the good of the service in the face of an impending court martial. Postservice treatment records disclose ongoing treatment for alcohol and substance abuse and an episode of incarceration for armed robbery. He related to examiners that he saw combat in Vietnam as a medic and now has flashbacks, nightmares, sleeplessness and emotional numbing as a result of Viet Nam experiences. He expressed a strong interest in seeking treatment for PTSD and was ultimately admitted to a PTSD treatment program. However, the service records, including pertinent personnel records, the DD214 or Report of Separation from Active Duty, and service medical records, do not confirm or support the veteran's claim of a combat role in Vietnam. A VA treating physician stated in May 1991 that the veteran has PTSD and remarked that PTSD was attributable to the veteran's service as a combat medical corpsman in Viet Nam. The physician remarked that he had first begun treating the veteran for chemical dependence in 1987. Although the physician noted that he was familiar with the veteran's history, it is apparent that he had never had the opportunity to review the veteran's service records. There are other diagnoses of PTSD in the record, but it appears that the examiner's relied solely upon the veteran for his history of combat. In view of the foregoing, the case is REMANDED for the following: 1. The RO should request the veteran to provide a statement relating as many details as possible about reputedly stressful experiences in Viet Nam. Specific dates, places and names of individuals involved should be sought. Specifically, he should be asked to submit any documentary evidence in his possession regarding his claimed assignment as a combat medic while in Viet Nam. Thereafter, the statement should be forwarded to the United States Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Springfield, Virginia 22050, for verification of incidents reported as stressors. 2. After completion of the above, the veteran should be examined by a psychiatrist to determine the nature and extent of any psychiatric disability now present. Complete psychological testing should be performed. If PTSD is diagnosed, the examiner should identify the specific stressors and symptoms relied upon to support the diagnosis. The claims folder, a copy of this REMAND, and the report from ESG should be made available to the examiner for review prior to the examination. It is emphasized that the examiner must consider the veteran's account of inservice stressors in light of the service department personnel and other official records. The RO should then readjudicate the issue of whether new and material evidence has been submitted to reopen a claim for service connection for PTSD. If the benefit sought on appeal is not granted, the appellant and his representative should be furnished a supplemental statement of the case and provided an opportunity for response. The case should then be returned to the Board for further consideration, if in order. The purpose of this REMAND is to obtain additional information and to accord the appellant due process. The Board intimates no opinion as to the final outcome warranted. No action is required of the appellant until he receives further notice. BRUCE N. KANNEE 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).