BVA9502124 DOCKET NO. 92-15 765 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD William J. Jefferson, III Counsel INTRODUCTION The veteran had active service from May 1964 to September 1967, including duty in Southeast Asia from December 1964 to December 1965. This case comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Boston, Massachusetts, Regional Office (RO). In an April 1992 rating decision, entitlement to service connection for post-traumatic stress disorder was denied. A hearing was held on January 28, 1993, in Washington, D.C. before Samuel W. Warner , who is a member of the Board section rendering the final determination in this claim. The case was remanded by the Board in August 1993 to obtain additional evidence concerning the veteran's claim. REMAND As indicated previously, this case was remanded in August 1993 by the Board. Among the requested data was that the veteran be contacted to provide detailed information concerning traumatic experiences that he was subjected to during service, and that the United States Marine Corps be contacted to aid in verification of his reported stressors. A VA psychiatric examination was also requested. A review of the record shows that the VA psychiatric examination performed in January 1994 revealed a diagnosis of post-traumatic stress disorder. However, information in the claims folder indicates that the veteran failed to respond with detailed information concerning his traumatic experiences. Furthermore, probably as a result of the veteran's failure to respond, the United States Marine Corps was not contacted to help verify the reported stressors. The Board is well aware that post-traumatic stress disorder has been diagnosed although there has apparently been no psychological testing done. It is important to note that there has been no verification of the veteran's reported stressors or that he engaged in combat during service, and he has failed to reveal any detailed, specific, information concerning traumatic event that he was subjected to during service. The provisions of 38 C.F.R. § 3.304(f), require that there be credible supporting evidence that a claimed stressor actually occurred. Moreover, it has been determined that where a veteran did not engage in combat, stressors must be corroborated sufficiently by service records to establish the occurrence of the claimed stressful event(s). Zarycki v. Brown, 6 Vet.App. 91, 100 (1993). The veteran has maintained that while in Vietnam, he was a member of H&S Company, 3rd SP Battalion, 3rd Marines (REINF), including Hill 327 and Monkey Mountain, and with Battery D, 2nd Battalion, 12th Marines. He was in the Republic of Vietnam from June through December 1965. The United States Army and Joint Services Environmental Support Group (ESG) may be helpful in providing information concerning the veteran's reported stressors. The VA has a statutory duty to assist claimants with their claims under the provisions of 38 U.S.C.A. § 5107(a) (West 1991). Based on the foregoing, the Board concludes that additional information is necessary. Therefore, the case is remanded to the RO for the following: 1. The veteran should again be requested to provide specific, detailed information, including dates, times, and places with respect to any traumatic experiences that he was subjected to during service in the Republic of Vietnam. 2. After a signed authorization for release of medical records has been obtained, the RO should procure the veteran's medical records from the Massachusetts Correctional Institutions, in Norfolk (1971-1972) and Shirley (1981), Massachusetts, and associated those records with the claims folder. 3. If the veteran responds or if he does not, the RO should combine all pertinent information concerning his reported events that he was subjected to during service in the Republic of Vietnam, and request verification of those events from the ESG, and associate that information with the claims folder. 4. The RO should also combine all pertinent information concerning his reported stressors, and contact the Commandant, Headquarters, United States Marine Corps, ATTTN: MMRB-16, Quantico, Virginia 22134-0001, for verification of stressors that have been reported, and associate that information with the claims folder. 5. VA psychological testing should be carried out regarding evidence for or against a diagnosis of post-traumatic stress disorder. When the requested development has been accomplished, if the claim remains in a denied status, the appellant should be furnished with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, if necessary, the case and the requested evidentiary data should be returned to the Board of Veterans' Appeals for further appellate disposition. SAMUEL W. WARNER Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).