WHG achieved a remand for our client due to the Board of Veterans’ Appeals’ failure to fulfill its duty to assist and comply with a prior remand order. The Board did not adequately address whether the veteran’s PTSD claim warranted further evidence gathering or corroboration of his in-service stressors.
The court emphasized that VA’s duty to assist includes making reasonable efforts to obtain all relevant records. In this case, the VA dismissed the veteran’s PTSD claim because it deemed his stressor details insufficiently specific. However, under Gagne v. McDonald, the VA has an obligation to make multiple requests for records, even if the veteran cannot narrow the dates to a precise period.
The Board also neglected to consider new evidence provided since 2010, which might have been specific enough to allow further investigation. In addition, the Board did not comply with a 2021 joint motion for remand that directed it to examine whether the veteran’s 1981 hospitalization for insomnia was linked to his mental health condition. The Board’s decision merely repeated its prior findings without addressing this key issue.
The court’s remand directs the Board to critically reexamine the veteran’s claims, seek additional records as needed, and fully assess the evidence of his in-service mental health symptoms. This case highlights the importance of VA’s duty to assist veterans by gathering all relevant records and thoroughly examining evidence before issuing a decision. We remain committed to fighting for veterans’ rights to a fair and complete review of their claims.
