BVA9507450 DOCKET NO. 92-07 339 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Whether new and material evidence has been submitted to reopen a claim of service connection for post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD B. P. Gallagher INTRODUCTION The appellant had honorable active service from September 1969 to January 1978. He also had a period of service from September 1979 to March 1985 and received an other than honorable discharge. A decision by the Board of Veterans' Appeals (the Board) in May 1989 denied service connection for post-traumatic stress disorder. This appeal arises as a result of a rating decision by the Department of Veterans Affairs (VA) Jackson, Mississippi, Regional Office (RO) in December 1990 which denied the veteran's attempt to reopen his claim for post-traumatic stress disorder. This case was remanded by the Board for further development in June 1993 and returned to the Board in November 1994. REMAND As noted, this case has been remanded on one occasion by the Board. The requested development was, in large part, accomplished. The record does not show, currently, that the veteran was engaged in combat. In response to specific information about stressors, however, he did report knowing that a close friend was in a body bag when he (the veteran) was assigned to the personal services division. It appears, although it is not clear, that the veteran gave that individual's name as "Bro." Mack. That was what the others in the outfit reportedly called him. It does appear, from examination of the VIETNAM MEMORIAL DIRECTORY OF NAMES that a Calvin David Mack, of the U.S. Army died in December 1970. The veteran reportedly was in Vietnam at that time. It should be determined whether "Bro." Mack was in fact the friend of the veteran's killed and in the body bag in the incident reported. If so, a determination should be made in Calvin David Mack, or some other Mack was a casualty in the veteran's unit at the time. The RO and the veteran are referred to the April 1994 letter from the U.S. Army and Joint Environmental Support Group (ESG) in regard to alternative information and locations from which information may be received. At the time of the first request for information, it does not appear that the ESG was given the name. (As noted, it is not clear that this is the individual to whom the veteran refers.) In view of the fact the case is otherwise to be developed, the Board would like the copies of the clinical records from the VA hospitalization from December 1986 to January 1987. Records requested should include nurses notes progress notes and psychological examinations conducted during that hospitalization. In view of the foregoing, this case is REMANDED for the following actions: 1. The RO should contact the veteran for the specific name of the "friend" in the body bag. If "Bro." Mack is that individual, the veteran should be requested to provide a more specific name, rank or other information that could be used to confirm this event. 2. The RO should take the information obtained above, and submit it, if appropriate to the ESG or other organization for verification. A determination should also be made as to whether Calvin David Mack was in the veteran's unit while in Vietnam. 3. The RO should, with the veteran's assistance as necessary, obtain copies of records for any treatment for a psychiatric disorder since the August 1993 VA hospitalization. Copies should include the VA hospitalization in early 1994 in New Orleans, reported on recent rating action where reportedly evidence of a psychosis was found. Records obtained should also include the clinical records from the December 1986 VA hospitalization, to include nurses notes, progress notes, and any special psychiatric studies done at that time. When the aforementioned development has been accomplished the case should be reviewed by the RO. In the event the benefits sought are not granted, the veteran and his representative should be provided with a supplemental statement of the case and afforded a reasonable opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until he is notified. The Board intimates no opinion as to the ultimate outcome as a result of this action. MICHAEL D. LYON 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).