BVA9503427 DOCKET NO. 92-55 612 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES Entitlement to service connection for a psychiatric disability, including post-traumatic stress disorder. Entitlement to service connection for a gastrointestinal disability. Entitlement to service connection for the residuals of fractures of the right leg and knee. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from May 1968 to September 1973. This appeal arises from a September 1990 rating decision which denied the veteran's claims for service connection for a psychiatric disability, including post-traumatic stress disorder, for a gastrointestinal disability and for the residuals of fractures of the right leg and knee. The veteran has also raised the issue of entitlement to service connection for a skin disorder as secondary to Agent Orange exposure. This issue is referred to the regional office for appropriate development. In a statement received from the veteran in April 1993, he indicated that he was taken to Huron Valley Hospital, Milford, Michigan, for treatment of bleeding ulcers in January 1992. He specifically asserts that this condition is being caused by Agent Orange. In Harris v. Derwinski, 1 Vet.App. 180 (1991), the United States Court of Veterans Appeals stated that, when two issues are "inextricably intertwined," a decision on one issue would have a significant impact on a claim for the second issue. The Board believes that, in light of the Harris decision, the question of the veteran's possible entitlement to service connection for a gastrointestinal disability as a residual of Agent Orange exposure should be resolved prior to final appellate consideration of the issue of service connection for a gastrointestinal disability. In view of the foregoing, the Board finds that the issues of service connection for the residuals of fractures of the right leg and knee and for a psychiatric disability, including post- traumatic stress disorder, should be deferred and the issue of service connection for a gastrointestinal disability should be REMANDED to the originating agency for the following action: The originating agency should adjudicate the claim of service connection for a gastrointestinal disability as a residual of exposure to Agent Orange. The decision should be in writing to ensure all due process. The veteran and his representative are to be informed of the determination by letter that includes his appellate rights. Following review, if the determination made on the issue of service connection for a gastrointestinal disability remains unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the November 1993 supplemental statement of the case should be issued to the veteran and his representative. They should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and afford the veteran due process. WAYNE M. BRAEUER 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).