Citation Nr: 0005947 Decision Date: 03/06/00 Archive Date: 03/14/00 DOCKET NO. 98-06 732 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in New York, New York THE ISSUES 1. Evaluation of post-traumatic stress disorder, currently evaluated as 30 percent disabling. 2. Entitlement to an effective date earlier than March 10, 1997, for the grant of service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: New York Division of Veterans' Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. P. Simpson, Associate Counsel INTRODUCTION The appellant served on active duty from September 1969 to February 1975 and from May 1976 to June 1977. This case comes before the Board of Veterans' Appeals (the Board) on appeal from a July 1997 rating decision of the New York, New York, Department of Veterans Affairs (VA) Regional Office (RO). In that decision, the RO granted service connection for post-traumatic stress disorder and assigned a 30 percent evaluation, effective March 10, 1997. REMAND The appellant has alleged that he received treatment at a VA facility. Accordingly, the case is hereby REMANDED to the RO for the following action: 1. The RO should associate with the claims file any current treatment records related to treatment for post-traumatic stress disorder at the Castle Point, New York, facility from November 1998 to the present. 2. The veteran is informed that if he was treated at a VA facility for PTSD within one year of the March 1997 claim, he should submit that evidence. The case should be returned to the Board after compliance with all requisite appellate procedures. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. 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 The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. H. N. SCHWARTZ 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).