BVA Case 14-0334: Ptsd

On November 8,2013,the Board denied the appellant entitlement to service connection for (1)a psychiatric disorder to include PTSD and (2)a depressive disorder with mixed anxiety features.

The Board discussed VA's satisfaction of the duty to assist only in the context of whether the appellant was entitled to a VA medical examination, finding that an examination was not warranted as the evidence does not indicate that either of the Veteran's currently diagnosed psychiatric disabilities may be associated with service.

The Board found that the PTSD stressors cited by the appellant could not be established as they have not been corroborated by supporting evidence.

The appellant argues that the Board failed to ensure that VA satisfied its statutory duty to assist the appellant in developing his claim under 38 U.

Specifically,the appellant argues that VA's strict adherence to the VA Adjudication Procedures Manual (M21-1MR)requirement that a search be narrowed to a 60-day period violates the duty to assist.

The appellant also argues that VA violated its statutory duty to assist by failing to search for documents that might corroborate the appellant's stressor events on VA's Compensation Service Intranet Site,a secondary repository of service documents that RO adjudicators were advised to consult in order to streamline PTSD claims and decrease the workload of the JSRRC.

Last, the appellant argues in the alternative that the Board failed to provide an adequate statement of reasons or bases for determining that the duty to assist was satisfied.

After oral argument,the Secretary filed a memorandum with the Court that clarified his position,stating that the duty to assist was not satisfied in this case and the matter should be remanded for VA to ask the JSRRC to conduct multiple searches of the appellant's chronological records in enough 60-day increments to cover the entire relevant service period.