BVA9503794 DOCKET NO. 93-04 248 ) DATE ) ) On appeal from a decision of the Department of Veterans Affairs Regional Office in San Francisco, California THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Sheila A. Lawson, Associate Counsel REMAND The veteran had active service from October 1968 to August 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 1991 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Francisco, California. As a preliminary matter, the Board notes that the veteran apparently uses the names [redacted] and [redacted]. In a letter from the veteran's mother received in May 1991, she stated that her son went into the service as [redacted] and returned as [redacted] and indicated that there had been errors regarding the veteran's name on his service records and pay stubs. The veteran contends that he is entitled to service connection for post-traumatic stress disorder (PTSD). In support of this contention, he asserts that although he was assigned to the 93rd Engineering Battalion, he also was a member of the 82nd Tactical Assault Team. He reported that the 82nd Tactical Assault Team participated in covert operations that involved elimination of several hamlets of Vietnamese civilians in the Mekong Delta, and that he personally assassinated 9 or 10 mayors of these hamlets in broad daylight. He further contends that he underwent exploratory stomach surgery as a result of a combat related wound, and that he sustained shell fragment wounds in the leg during service. He also contends that he is the recipient of a Purple Heart, a Bronze Star and a Military service award. Although the veteran's service records do not reflect his having been awarded these honors, he asserts that his copies of these awards were destroyed when his house burned in 1985. Review of the record reveals that in June 1992, the U.S. Army & Joint Services Environmental Support Group (ESG) informed VA that available casualty files did not list the veteran as being injured or wounded during his Vietnam tour. The ESG did provide, however, data to assist the veteran in obtaining information concerning his military medical treatment. The ESG also provided an address to which the veteran could write to obtain information about his awards and commendations. The Board is of the opinion that an effort should be made to attempt to obtain information from these sources. The Board also notes that the ESG did not confirm or deny the existence of an 82nd Tactical Assault Team, and concludes that this information should be obtained as well. In view of the diagnoses of PTSD, albeit rendered on the basis of the veteran's history without verification of his stressors, the Board finds that the veteran's claim is plausible and capable of substantiation, and thus well grounded within the meaning of 38 U.S.C.A. § 5107(a) (West 1991). When a veteran submits a well-grounded claim, VA must assist him in developing facts pertinent to that claim. 38 U.S.C.A. § 5107(a). The Board is not satisfied that all relevant evidence has been obtained and concludes that further assistance to the veteran is required to comply with 38 U.S.C.A. § 5107(a). In view of the foregoing circumstances, the Board concludes that a remand is in order. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify names, addresses, and approximate dates of treatment for all health care providers from whom he has received treatment for psychiatric disability at any time since service. With any necessary authorization from the veteran, the RO should attempt to obtain those treatment records identified by the veteran that have not been secured previously. 2. With reference to the veteran's statements that he was assigned to both the 93rd Engineering Battalion and the 82nd Tactical Assault Team, the RO should contact the ESG and request that they confirm or deny the existence of such a team. If an 82nd Tactical Assault Team participated in maneuvers in Vietnam, the ESG should indicate whether the veteran is listed as a member of such a unit. 3. The RO should request that the National Personnel Records Center conduct a search of the Cam Ranh Bay Hospital records for 1970 according to the following information: the various versions of the veteran's name, [redacted], [redacted], and [redacted]; his Social Security number, [redacted]; his date of birth, [redacted], 1948; and his military service number, RA [redacted]. 4. With any necessary authorization from the veteran, the RO should obtain a copy of his Office Military Personnel File from: The National Archives and Records Administration ATTN: U.S. Army Liaison 9700 Page Boulevard St. Louis, MO 63132. The RO should also request from the National Archives and Records Administration, any available information pertaining to his awards and commendations. The address at which this information may be obtained is as follows: The National Archives and Records Administration ATTN: DARP-PAS-EAW 9700 Page Boulevard St. Louis, MO 63132. When attempting to obtain this information, the RO should provide the National Archives and Records Administration with both versions of the veteran's name, his Social Security number, his date of birth and his Military Service number. 5. After undertaking any development deemed appropriate in addition to that specified above, the RO should readjudicate the issue on appeal. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a Supplemental Statement of the Case, and the veteran and his representative should be provided an opportunity to respond. The case should then be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any ultimate outcome warranted. No action is required of the veteran until he is notified by the RO. J. J. SCHULE 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).