Citation Nr: 0705277 Decision Date: 02/23/07 Archive Date: 02/27/07 DOCKET NO. 05-13 907 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUE Entitlement to service connection for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Andrew Mack, Associate Counsel INTRODUCTION The veteran served on active duty from September 1966 to October 1969, which included service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2004 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada that denied the veteran's claim of entitlement to service connection for PTSD. The veteran perfected a timely appeal of this determination to the Board. In May 2006, the veteran appeared and offered testimony in support of his claim before the undersigned member of the Board. The veteran's testimony on that occasion has been transcribed and associated with his claim's file. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND The veteran has claimed PTSD related to the in-service stressor of seeing, moving, and retrieving dead bodies, as part of his duties serving in the Republic of Vietnam as a member of the 50th Medical Detachment. The record evidence contains VA medical treatment records dated in August 2004 that indicate a diagnosis of PTSD, as well as a relationship between such diagnosis and the veteran's in-service trauma of having seen and carried dead bodies and of being forced to fly in a helicopter to bring bodies back to his company. The veteran's service personnel records reflect that from January to April 1968, the veteran served in the Republic of Vietnam as a supply clerk with the 50th Medical Detachment. However, in adjudicating the veteran's claim, the RO determined that although the records showed the veteran serving as a supply clerk at a field hospital and at a medical detachment in Vietnam, and although it was not disputed that evacuation hospitals in Vietnam regularly received and treated casualties, there was no evidence of the veteran's personal and direct involvement with the wounded. While the service records do not specifically indicate that the veteran actually saw or was personally involved in physically transporting dead and wounded persons, the fact that he was stationed with a Medical Detachment that may have transported and treated dead and wounded persons would tend to corroborate his statements of having witnessed and handled the wounded. See Pentecost v. Principi, 16 Vet. App. 124, 128 (2002). Thus, information verifying whether the 50th Medical Detachment had the occasion to physically transport and treated dead and wounded persons during the veteran's period of service with this Detachment would provide independent evidence of the occurrence of the veteran's claimed stressful events. Therefore, a remand is warranted to obtain such information. Accordingly, the case is REMANDED for the following action: 1. The RO should also ask the appellant to provide any additional details concerning the 50th Medical Detachment's involvement with transporting and handling dead bodies, and any helicopter missions in which the veteran was involved to retrieve such bodies. He should also be reminded that he can also submit "buddy statements" containing verifiable information regarding the events claimed as "stressors" during his military service. The appellant should be advised that this information is necessary to obtain supportive evidence of the stressful events he claims to have experienced, and he should further be advised that failure to respond may result in adverse action. Any additional information provided by the veteran should be associated with the claims folder. 2. Thereafter, prepare a letter asking the U.S. Army and Joint Services Records Research Center (JSRRC) to provide any available information that might corroborate the veteran's alleged in- service stressors. Specifically, the records (including any morning reports, unit log and unit records) of the 50th Medical Detachment for the period of January 1968 to April 1968 involving the treatment and transportation of dead and wounded persons should be obtained. Any records produced by such efforts should be associated with the claims folder. Any unsuccessful attempts to obtain such records should also be associated with the claims folder. 3. After undertaking any additional development deemed appropriate, the RO should review the entire evidentiary record and readjudicate the issue on appeal. If benefit sought remains adverse to the veteran's satisfaction, the veteran and his representative should be furnished a supplemental statement of the case. The requisite period of time for a response should be afforded. Thereafter, the case should be returned to the Board for further appellate review, if otherwise in order. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2005). _________________________________________________ DEBORAH W. SINGLETON Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), 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) (2006).