BVA9500660 
DOCKET NO.  88-17 429     )       DATE
          )
          RECONSIDERATION )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Phoenix,
Arizona

THE ISSUE

Entitlement to service connection for post-traumatic stress
disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Michael Martin, Associate Counsel

REMAND

The veteran had active service from June 1967 to April 1969,
including service in the Republic of Vietnam from April 1968 to
April 1969.

This matter originally came before the Board of Veterans' Appeals
(Board) on appeal from a decision of November 1987 by the
Department of Veterans Affairs (VA) Buffalo, New York, Regional
Office.  In a decision of September 1988, the Board denied
service connection for post-traumatic stress disorder.

Subsequently, however, in a decision of February 1992, the Board
granted service connection for post-traumatic stress disorder.
In a rating decision of December 1992, the Phoenix, Arizona,
Regional Office (RO) assigned a 30 percent disability rating for
post-traumatic stress disorder with headaches, effective from
April 5, 1989.

In November 1993, the veteran filed a Motion for Reconsideration
of the Board's September 1988 decision.  Although service
connection for post-traumatic stress disorder has already been
granted by the Board in the Board's February 1992 decision, the
veteran seeks reconsideration of the September 1988 decision
because a favorable decision could result in an earlier effective
date for the compensation benefits.

Reconsideration of the September 1988 decision was ordered in
July 1994 under the authority granted the Chairman of the Board
in 38 U.S.C.A. § 7103(b) (West 1991).  The case is now before an
expanded Reconsideration Section of the Board.  The
reconsideration decision, once promulgated, will replace the 1988
decision and constitute the final Board decision in this matter.

Because the Board's February 1992 decision awarded service
connection for post-traumatic stress disorder, the veteran's
claim amounts to a claim for an earlier effective date for the
award of service connection for post-traumatic stress disorder.
The RO has undertaken some development of the earlier effective
date issue.  The RO denied an earlier effective date based in
part upon the analysis that they could not go behind the Board's
1988 decision.  That decision, however, has now been vacated and,
therefore, is no longer a bar to consideration of an earlier
effective date.  In order to avoid any possible prejudice to the
veteran, the claim for an earlier effective date should by fully
adjudicated by the RO prior to further appellate review by the
Board.  See Curry v. Brown, No. 91-504 (U.S. Vet. App. Oct. 5,
1994).

Accordingly, this case is remanded to the RO for the following
action:

The RO should consider the veteran's claim
for an earlier effective date for service
connection for post-traumatic stress
disorder in light of the fact that the
Board's 1988 decision has now been vacated.

Unless the benefit sought by the veteran is granted to his
satisfaction and he withdraws his appeal, the case should be
returned to the Board in accordance with appropriate appellate
procedures for further review.

        WARREN W. RICE, JR.
JACQUELINE E. MONROE

          CHARLES E. HOGEBOOM

             FRANK J. FLOWERS
JOHN J. SCHULE

           MICHAEL D. LYON
          Members, Board of Veterans' Appeals

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) (1993).