BVA9507989 DOCKET NO. 90-27 556 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service connection for a heart disorder, a respiratory disorder and a stomach disorder. 3. Whether new and material evidence has been submitted sufficient to reopen a claim for entitlement to service connection for a seizure disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD R. D. Turano, Counsel INTRODUCTION The veteran served on active duty from April 1952 to April 1956 and from December 1959 to December 1968. This matter came before the Board of Veterans Appeals (Board) from a December 1989 decision by the Regional Office (RO). A notice of disagreement was received in January 1990. The statement of the case was issued in April 1990. A substantive appeal was received in June 1990. The case was remanded by the Board in January 1991 and July 1992. The Board notes that the veteran has raised the issue of entitlement to service connection for the residuals of exposure to Agent Orange. This matter had been deferred pending the issuance of new regulations. In February 1994, the new regulations were promulgated and, therefore, this matter is referred to the RO for appropriate action. REMAND A review of the record in this case indicates that the veteran submitted an application for entitlement to service connection for several disorders in May 1989. His application included an attachment which he represents as a list of the names of treatment personnel and facilities presumably related to his claims. As well, the record includes other statements by the veteran relating to treatment he received at the Department of Veterans Affairs (VA) medical center in Danville, Illinois and in Indianapolis, Indiana. While some records from VA facilities and private physicians have been secured, it does not appear that all pertinent records have been requested from the statements by the veteran and the extensive list provided. The VA has a duty to assist a veteran in the development of evidence pertinent to a well-grounded claim. 38 U.S.C.A. § 5107 (West 1991). In light of the above, the Board finds that further action must be completed in an effort to secure records pertinent to these claims on appeal. Moreover, the Board notes that in the July 1992 preliminary order of the Board, the RO was directed to request detailed information from the veteran pertaining to his claimed stressors for which he relates the development of PTSD. The RO was then directed to seek verification of these alleged incidents with the Department of the Army, U.S. Army and Joint Services Environmental Support Group (ESG). The veteran failed to respond to two requests by the RO for this information and the RO did not seek to obtain any information from the ESG. It appears that such action should have been accomplished despite the veteran's failure to provide clarifying information as requested. As this action was not accomplished, the Board finds that the veteran should be provided a third opportunity to provide pertinent information and then the RO must send a request, based on the available information, to the ESG as an attempt to verify the available data. It should be noted that entitlement to service connection for PTSD requires medical evidence establishing a clear diagnosis of the condition, credible supporting evidence that the claimed inservice stressor actually occurred, and a link, established by the medical evidence, between current symptomatology and the claimed inservice stressor. See Zarycki v. Brown, 6 Vet.App. 91, 97 (1993). In light of the foregoing, it is the decision of the Board that further development of this claim is in order. Accordingly, this case is hereby remanded for the following actions: 1. The RO should contact the veteran and request that he furnish the necessary signed release forms for each medical facility or physician from whom he claims to have received treatment related to the claims on appeal. The RO should then attempt to secure all available records, not previously associated with the record on appeal. The veteran should again be requested to furnish detailed information as to the claimed stressors experienced during service including a detailed summary of the incident(s), the names of the persons involved, the date of the incident(s) and the to which he was assigned and the location of the unit at the time the incident(s) were alleged to have occurred. 2. The RO should obtain copies of any available medical records, not previously obtained, related to treatment of this veteran by the VA Medical Center, Indianapolis, Indiana and the VA Medical Center, Danville, Illinois. 3. The RO should review the claims file and prepare a summary of all the claimed stressors recorded in the statements documents from the veteran. This summary, and any associated documents, should be sent to the United States Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Springfield, Virginia 22150. The ESG should be requested to provide any information which might corroborate the stressors which the veteran claims occurred during his military service. 4. After the above action has been completed to the extent possible, the RO should review these claims on appeal with consideration given to any additional evidence secured and applicable decisions of the United States Court of Veterans Appeals relating to claims for service connection for PTSD. In the event findings remain adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board after compliance with all appropriate appellate procedure. No action is required of the veteran until he is further notified. In reaching these conclusions the Board intimates no opinion, either legal or factual, as to the ultimate outcome of this case pending completion of the requested development. E. M. KRENZER Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. 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) (1994).