BVA9502597 DOCKET NO. 93-02 224 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Reno, Nevada THE ISSUE Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Military Order of the Purple Heart ATTORNEY FOR THE BOARD Lori R. Bucci, Associate Counsel REMAND The veteran served on active duty from August 1966 to February 1967. This appeal arises from a rating decision in August 1992, by the Department of Veterans Affairs (VA) Regional Office (RO) in Reno, Nevada. The Buffalo, New York, RO denied service connection for an anxiety disorder in June 1967 on the basis that the disorder existed prior to service and did not increase in severity during service. The veteran was informed of this decision in writing, however, he did not file a timely appeal. The current claims stems from the veteran’s attempt to reopen. In reviewing the claims folder to determine what was previously before the adjudicators in June 1967, the Board observes that the veteran’s June 1966 entrance examination revealed that he was psychiatrically normal. In December 1966, however, the veteran was hospitalized with a diagnosis of anxiety reaction, severe. Ultimately, he was separated from active duty pursuant to medical board procedures for a psychoneurotic reaction. This disorder was opined to have existed prior to enlistment, and not to have been aggravated by service. In May 1967, the veteran was seen for a VA compensation examination, that examiner noted that his induction history included all the characteristics of a neurotic individual. He further stated "that although this veteran had a marked predisposition to an anxiety reaction when he entered service that the conditions in service were sufficient to produce an overt psychoneurotic reaction." The evidence received since the June 1967 RO denial reveals that the veteran was most recently diagnosed with neurotic depression in April 1976. A VA psychiatric examination has not been conducted in many years. In Crowe v. Brown, No. 93-550 (U.S. Vet. App. Dec. 20, 1994), the United States Court of Veterans Appeals held that if a disorder is not found at the enlistment examination, the fact that the veteran reported a history of symptoms is insufficient to rebut the presumption of soundness. Hence, in this case, as the veteran was found to be psychiatrically normal at enlistment, he is presumed to have been psychiatrically sound at enlistment, and that presumption cannot be rebutted absent the presentation of clear and unmistakable evidence to the contrary. Therefore, in light of the diagnostic conflict presented above, i.e., the inservice opinion that a psychoneurotic disorder existed prior to service, and the May 1967 VA opinion that the veteran only had a predisposition to an anxiety reaction and that it was the conditions of service that produced the overt psychoneurotic reaction, we find that further development is warranted. Accordingly, this case is REMANDED for the following action: 1. The RO should ask the veteran to provide the names and addresses of all medical care providers who provided treatment for an acquired psychiatric disorder since his last VA compensation examination in November 1982. After securing any necessary releases, the RO should obtain these records. 2. After completion of the foregoing and securing any records received into the claims file, the veteran should be afforded a VA psychiatric examination. This examination must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations, and all indicated studies to determine the nature and extent of the veteran’s current psychiatric disorder are to be completed, including the assignment of a Global Assessment of Functioning score consistent with the provisions of the American Psychiatric Association’s DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS (3d ed. rev. 1987). The claims folder must be made available to and reviewed by the examiner prior to the requested examination. In reviewing the veteran’s case the examiner is further requested to offer an opinion as to whether the veteran’s current psychiatric disorder is related to his inservice symptomatology, as well as an opinion whether the veteran entered service with a psychoneurotic disorder, or whether he merely had a predisposition to such a disorder. A complete rationale for all opinions expressed must be provided. 3. The RO should then review the examination report and all of the foregoing instructions. If the requested action has not been carried out in full, appropriate remedial action should be undertaken. Thereafter the RO should review the evidence and determine whether the veteran's claims for service connection for an acquired psychiatric disorder may now be granted. If the decision remains adverse to the veteran, he and his representative should be provided with an appropriate Supplemental Statement of the Case and an opportunity to respond thereto. The case should then be returned to the Board of Veterans' Appeals for further appellate consideration. The purposes of the REMAND are to assist the veteran in the development of his claim and to procure clarifying medical data. The Board intimates no opinion, legal or factual, as to the ultimate disposition of the veteran’s appeal. No action is required of the appellant until he receives further notice. DEREK R. BROWN 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).