BVA9508014 DOCKET NO. 93-02 830 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUES Entitlement to service connection for cysts on testes, ruptured urinary tract, prostate disorder, jungle rot, and a psychiatric disorder. REPRESENTATION Appellant represented by: Texas Veterans Commission ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from May 1946 to June 1952, and from October 1952 to September 1966. The Board of Veterans' Appeals (Board) notes that the veteran may be impliedly claiming service connection for post-traumatic stress disorder (PTSD), stating in June 1991 that he underwent "psychiatric trauma" as an alleged prisoner of war (POW) of the Viet Cong in 1964. The National Personnel Records Center certified in September 1992 that its records showed that the veteran had no POW service. Hence further development of a claim of service connection for PTSD (based on POW experiences) would serve no useful purpose. The veteran alleges treatment by Dr. K. Anderson, from whom a July 1991 request for records was returned as undeliverable. A new address was received for Dr. Anderson in April 1992, with a new release of records; however, it does not appear that the records were again sought. The records of J. Vazquez, Ph.D., also appear to have not been sought, although the veteran has given his consent to a release of these records. The veteran has asserted that he was treated by J. Brewer, Ph.D., from 1982 to February 1990. The last time Dr. Brewer's records were requested was in July 1991, and no response was received to this request. The veteran apparently submitted a Dispositional Plan of Dr. Brewer's reflecting treatment from January to March 1984. As the veteran has also newly submitted a release form for Dr. Brewer's records, another request for these records is needed. Lastly, in June 1991, he alleged current treatment at Wilford Hall Hospital at Lackland Air Force Base, Texas, but it does not appear that such records are in the claims file. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for any claimed disorder since January 1992. After securing any necessary releases, the RO should attempt to obtain these records, which should include the complete records of any treatment the veteran received at service facilities as a reserve or retiree. 2. After the development requested above has been completed to the extent possible, the RO should again review the record. If the benefits sought remain denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. GEORGE R. SENYK 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).