BVA9508166 DOCKET NO. 92-12 053 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to service connection for a psychiatric disorder, to include post-traumatic stress disorder, a dysthymic disorder, and a personality disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD T. S. Kelly, Associate Counsel INTRODUCTION The appellant had active military service from January 1968 to January 1971. The Board of Veterans' Appeals (Board), in a July 1993 remand, listed the issue as whether new and material evidence has been submitted to reopen a claim of service connection for a psychiatric disorder, to include PTSD, personality disorder, and dysthymic disorder. The Board referred the matter to the regional office (RO) for additional development, to include Department of Veterans Affairs (VA) examinations and verification of stressors. In a May 1994 rating determination, the RO found that new and material evidence had been submitted to reopen a claim of entitlement to service connection for a psychiatric disorder. As the RO found that new and material evidence had been submitted, the issue to be addressed is as listed on the title page. REMAND A review of the file demonstrates that the Board, in its July 1993 remand, requested that the veteran undergo a comprehensive evaluation by a Board of VA psychiatrists, in order to ascertain the presence or absence of post-traumatic stress disorder, dysthymic disorder, and any other psychiatric disorder. The Board further noted that if the veteran's claim for PTSD was going to be denied, in part, due to inadequate verification of the appellant's claimed stressors, the RO should seek out the assistance of the United States Army and Joint Services Environmental Support Group (ESG) in verifying them, prior to rendering a determination. The Board further indicated that this should include asking the appellant to describe his stressors for the ESG on a form which was designed for this purpose. In December 1993, the RO forwarded a letter to the veteran requesting that he indicate the specific stressors which were related to his PTSD. The RO further requested that the veteran provide the names, dates, and locations for any fellow soldiers he saw killed or wounded as well as the units, if possible. In response to the RO's request, the veteran, in December 1993, forwarded a Statement in Support of Claim form, which listed one event in detail and other events in a more general nature. While the RO addressed the veteran's stressors in its May 1994 rating determination, it does not appear that any attempts were made to verify those stressors reported by the veteran at the time of his VA examinations or in his December 1993 statement, with ESG, as was required by the Board in its July 1993 remand. The Board further notes that the veteran was awarded Social Security Administration disability benefits in April 1993. In the decision portion of the award, the Administrative Law Judge makes reference to PTSD and a personality disorder. The Board is of the opinion that obtaining the documents used in awarding the veteran his Social Security disability benefits would be beneficial in reaching a decision in this matter. The Board further notes that the veteran, in a June 1994 statement, indicated that he would be attending PTSD classes in the near future. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should request that the veteran supply the names, dates, and places, of any individuals or treatment facilities that have treated him for any psychiatric disorder, including PTSD, since February 1994. After having received proper authorization from the veteran, the RO should obtain copies of any records not already included in the claims file and associate them with the claims file. A reasonable response time for both the veteran and the individuals and facilities provided by the veteran should be allowed. 2. The RO should obtain copies of all treatment records of the veteran from the Pittsburgh, Pennsylvania, VA Medical Center from February 1994 to the present. 3. The RO should obtain from the Social Security Administration the records pertinent to the appellant's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim. 4. The veteran should be contacted and requested to provide information as to the dates, places, units of assignment, and circumstances of events that are the basis for his alleged stressors. The veteran should provide specific information with regard to names and dates of close friends killed or other traumatic experiences. 5. After the development specified in paragraph 4 above, the RO must forward this information, along with a copy of this remand, copies of the veteran's October 1993 and February 1994 VA examinations, and a copy of the veteran's December 1993 statement in support of claim, to the United States Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Springfield, Virginia 22150. The ESG should be requested to verify the occurrence of the incidents and any indication of the veteran's involvement therein. If the ESG is unable to provide verification of the incidents, it should be asked to identify any agency or department that could provide such information and the RO should conduct follow-up inquiries accordingly. After the completion of the above requested development, the RO should review the appellant's claim with regard to the additional evidence obtained. The review should be on a de novo basis. If the benefits sought on appeal remain denied, the appellant and his representative should be given a supplemental statement of the case with regard to the additional development and should also be afforded an opportunity to respond. The record should be returned to the Board for further appellate consideration, if in order. By this REMAND, the Board intimates no opinion as to the final outcome warranted. No action is required of the veteran until he is contacted by the RO. WILLIAM J. REDDY 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).