Citation Nr: 0001744 Decision Date: 01/20/00 Archive Date: 01/28/00 DOCKET NO. 97-04 515 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Huntington, West Virginia THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Debbie A. Riffe, Associate Counsel INTRODUCTION The veteran served on active duty from December 1966 to August 3, 1971 and from August 7, 1971 to June 1977. This case comes to the Board of Veterans' Appeals (Board) from a July 1996 RO decision which denied the veteran's claim for service connection for PTSD. The veteran was scheduled for an RO hearing before a Member of the Board in September 1997, but he failed to appear. In March 1998, the Board remanded the case to the RO for additional evidentiary development. REMAND Since the Board's last remand, medical records have been obtained which include a diagnosis of PTSD. On the most recent VA examination in December 1998, PTSD was diagnosed and the examiner stated that the veteran's reported stressors from Vietnam, to include being alone under mortar attack and being under sniper fire, were "acceptable" to support a diagnosis of PTSD. Another requirement for service connection for PTSD is sufficient proof of a service stressor. 38 C.F.R. § 3.304(f) (1999). The veteran served on active duty in the Marine Corps, and he asserts that while in Vietnam in March-April 1971 (assigned to the 1st Radio Battalion and performing duties of a special radio operator) he experienced stressors which led to his current diagnosis of PTSD. After the Board's last remand, the RO obtained unit records from the Marine Corps concerning the time when the veteran was in Vietnam, although no further attempt was made to confirm his individual alleged stressors. In a statement dated in January 30, 1999, the veteran provided the name of a sergeant injured by sniper fire, who he helped to medivac to a hospital ship. There has been no attempt to verify this individual was injured or the veteran's account. In the judgment of the Board, a further attempt should be made to verify the veteran's claimed Vietnam stressors. Therefore, the case is REMANDED to the RO for the following development: 1. The RO should forward the veteran's January 30, 1999 statement and prior statements of alleged service stressors (along with copies of his service personnel records and any other relevant evidence) to the office of the Commandant of the Marine Corps, and that office should be requested to research and attempt to verify the veteran's alleged Vietnam stressors. The Marine Corps should be asked to clearly indicate whether there is information showing the veteran's personal involvement in the claimed stressor episodes. 2. Following completion of the foregoing, the RO should readjudicate the veteran's claim for service connection for PTSD. If the decision remains adverse to the veteran, the RO should provide him and his representative with a supplemental statement of the case and the opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. While the case is in remand status, the veteran may furnish additional evidence and argument on the issue which the Board has remanded to the RO. Kutscherousky v. West, 12 Vet. App. 369 (1999). L. W. TOBIN Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).