BVA Case 15-2585: Ptsd

This matter was referred to a panel of the Court, with oral argument,to address the circumstances under which the duty to assist requires VA,in a claim for service connection for a psychiatric disorder,to attempt to obtain records of servicemembers other than the claimant to aid in corroborating a claimed personal assault.

opinion), when a claimant adequately identifies relevant records of fellow servicemembers that may aid in corroborating a claimed personal assault,the duty to assist requires VA to attempt to obtain such records or,at a minimum,to notify the claimant why it will not undertake such efforts.

Molitor underwent a VA PTSD examination and the examiner stated that the veteran's denial at entrance to service of prior drug and alcohol use and mental illness, despite evidence of such in the record,called her credibility into question.

In June 2014,the Board found the January 2014 VA examination inadequate and remanded to obtain another examination.

As relevant here, the Board found that VA had complied with its duties to notify and assist, but did not discuss the veteran's request for efforts to attempt to obtain records from fellow servicemembers.

Regarding the merits,the Board determined that the record lacked evidence of behavior changes in service or shortly thereafter that may indicate MST.

Molitor argues,inter alia, that the Board provided inadequate reasons or bases for finding that VA satisfied its duty to assist because VA did not attempt to obtain records from other servicemembers she specifically identified,including one of her alleged assailants,that may aid in corroborating the claimed in-service assaults.

Molitor counters that the Board, not the Secretary,was required to assesses whether reasonable efforts to assist her included seeking written consent from the witnesses and assailant she identified and that the Secretary's argument that the duty to assist did not mandate such development amounts to impermissible post hoc rationalization.