BVA9503271 DOCKET NO. 91-51 239 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to a total temporary rating under 38 C.F.R. § 4.29 for service-connected bronchitis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD P. J. McCarty, Associate Counsel INTRODUCTION The veteran had active service from June 1965 to October 1968. He served in Vietnam from February 1968 to July 1968. This matter came before the Board on appeal from a March 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) located in St. Petersburg, Florida, which found that new and material evidence to reopen the claim for entitlement to service connection for PTSD had not been submitted. In October 1992, the Board of Veterans' Appeals (Board) reopened the veteran's claim for service connection for PTSD on the basis that new and material evidence had been submitted since the claim was denied by the Board in August 1989, and remanded the case to the RO for consideration and further development of the record. REMAND Essentially, the veteran maintains that service connection is warranted for PTSD as he was exposed to life-threatening situations on an almost daily basis during his service in Vietnam. While the veteran has been diagnosed as having PTSD, there has been no corroboration of his claimed "stressors" by individuals or by his service records. His service personnel records demonstrate that his principal duty assignment from February 1968 to May 1968 was as a communications center specialist with Company A of the 13th Signal Battalion, 1st Calvary Division (air mobile). From May 1968 to July 1968, he was assigned as a communications center specialist with the 15th Administrative Company, 1st Calvary Division (air mobile). Although the veteran reported experiencing several "stressors" in service, his contentions are vague as to places, times, and names of individuals. The Board notes that as a result of the October 1992 Board remand, in April 1993, the United States Army and Joint Services Environmental Support Group (ESG) informed the RO that "Operation Reports-Lessons Learned (OR-LL's)" and "Combat Operations After Action Reports (COAAR's)" for the 1st Calvary Division (Airmobile) could be obtained from the National Technical Information Service (NTIS) located in Springfield, Virginia. The ESG further noted that these documents would reveal units, locations, and significant combat situations encountered by the reporting unit. In April 1993, the RO informed the veteran of the existence of the reports maintained by NTIS. In May 1993, the veteran reported to the RO that a fee was required in order to procure records from NTIS. In June 1993, the RO attempted to recover the records directly from NTIS. In July 1993, NTIS responded to the RO that they were unable to provide gratis copies of the records pertaining to the veteran's service. Because the Board finds that the NTIS records are pertinent to the veteran's claim for entitlement to service connection for PTSD, the case is remanded to the RO in order for these records to be obtained. Further, because the veteran has claimed various stressors which are vague as to places, times, and individuals involved, the Board finds that the RO should request that the veteran provide more specific facts about any stressor(s) experienced in service, and stressor(s) that he now alleges he reexperiences. VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. 5107(a) (West 1991). In light of the above, the case is REMANDED for the following actions: 1. The RO must obtain the specific operation reports for the 1st Calvary Division identified by the veteran from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22151. 2. The RO should seek to obtain from the veteran a detailed statement regarding all stressor(s) that he was exposed to during service. The RO should review the file along with the veteran's statement and prepare a detailed list of all of the claimed stressors; to include the approximate dates and locations of the stressors and what unit the veteran was with at those times. The list should also include the full names of fellow servicemen who served with the veteran. It should be stressed that detailed information is necessary in order to obtain supportive evidence of the stressful events and is vital to his claim. This summary and all associated documents should be sent to the United States Army and Joint Services Environmental Support Group (ESG), Room 101, Building 5089, Stop 387, Engineer Proving Grounds, Fort Belvoir, VA 22060- 5387. They should be requested to provide any information that might corroborate the veteran's alleged stressors. 3. After the above development is completed, the RO should then readjudicate the issue of entitlement to service connection for PTSD. If the decision remains adverse to the veteran, he and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. The issue of entitlement to a temporary total rating under 38 C.F.R. § 4.29 for his service-connected bronchitis will be held in abeyance pending the above mentioned development. No action is required of the veteran until further notice is received from the RO. F. JUDGE FLOWERS 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).