BVA9500803 
DOCKET NO.  89-16 746     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Sioux Falls,
South Dakota

THE ISSUE

Entitlement to service connection for an acquired psychiatric
disorder.

REPRESENTATION

Appellant represented by: Bruce E. Avery, Attorney

ATTORNEY FOR THE BOARD

L. Jennifer Lane, Associate Counsel

INTRODUCTION

The veteran had active service from March to October 1980.

In February 1993, the Board of Veterans' Appeals (Board) denied
service connection for a psychiatric disorder.  The veteran
appealed to the Court of Veterans Appeals (Court).  In July 1994,
the Court granted a joint motion for remand.  The case was
returned to the Board in October 1994.

Since the Court issued its order, the issue of entitlement to
service connection for a psychiatric disorder under the
provisions of 38 U.S.C.A. § 1151 (West 1991) has been raised.
The Board points out that the United States Supreme Court
recently affirmed the decision of the United States Court of
Appeals for the Federal Circuit regarding that law in Brown v.
Gardner, 93-1128 (U.S. Dec. 12, 1994).  However, adjudication of
all claims for benefits under 38 U.S.C.A. § 1151 remains
suspended pending implementation of the recent United States
Supreme Court's decision.

REMAND

In its order, the Court instructed the Board to comply with the
provisions of Thurber v. Brown, 5 Vet.App. 119 (1993).  The Court
also ordered the Board to remand the case to the RO if further
development was appropriate.  Review of the case discloses that
additional evidence not already considered by the RO and
pertinent to the veteran's claim has been received at the Board
since its February 1993 decision.  Under the circumstances, the
RO should consider the veteran's claim in light of the additional
evidence in accordance with the provisions of 38 U.S.C.A.
§ 7105(d)(1)(A) (West 1991).

The Board also notes that the veteran has never been afforded a
VA psychiatric examination in order to assess the nature of his
current psychiatric disorder and any relationship between said
disorder and service.  Therefore, the veteran should be scheduled
for a VA psychiatric examination.

To ensure that the VA has met its duty to assist the veteran in
developing the facts pertinent to his claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following development:

1.  The RO should schedule the veteran for
a VA psychiatric examination which should
be performed in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations and should include all
necessary tests and studies.  The purpose
of this examination is to ascertain the
correct diagnosis(es) of
any existent psychiatric disorder(s).  It
is important that the examiner must be
allowed the opportunity to review the
veteran's claims file prior to the
examination.  After reviewing the veteran's
claims file and examination of the veteran,
the examining psychiatrist should provide
an opinion as to the date of onset of the
veteran's current acquired psychiatric
disorder and the nature of its
relationship, if any, to service.  It is
requested the examiner provide the reasons
for any conclusions.

2.  After the development requested above
has been completed to the extent possible,
the RO should review the entire record,
including all evidence received after the
last supplemental statement of the case
issued in July 1992.  If any benefit sought
on appeal, for which a notice of
disagreement has been filed, remains
denied, the veteran and his representative
should be furnished a supplemental
statement of the case, which includes a
summary of all pertinent evidence received
since July 1992, and given the opportunity
to respond thereto.

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 veteran need take no action unless otherwise
notified.

          LAWRENCE M. SULLIVAN
          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) (1993).