BVA9501981 DOCKET NO. 91-47 342 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for a low back disorder. 2. Entitlement to service connection for residuals of infectious mononucleosis. 3. Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from June 1975 to June 1979. This case was originally an appeal from a decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana. In December 1992, however, the case was transferred to the Huntington, West Virginia, RO, due to the veteran's change of residence. This claims folder was assigned in the past to a former Board of Veterans' Appeals (Board) employee who has been convicted of tampering with veteran's claims folders. After careful scrutiny, it does not appear that any documents contained in the claims file have been altered or removed. As there is no evidence of any compromise of the integrity of the record on appeal, the case may properly be considered and decided by the Board. The representative points out in an October 1994 statement that a VA psychiatric examiner did not provide an opinion as to whether, and if so, how, the disorder found was related to military service as requested in the Board's August 1992 remand. The representative has requested that the case be remanded to the RO. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claims and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for the claimed disorders since October 1993. After securing the necessary release, the RO should attempt to obtain these records. 2. The veteran should be afforded a VA psychiatric examination to determine the nature and extent of any psychiatric disorder. The claims folder must be made available to the examiner for review before the examination. The examiner should be asked to review the claims file and offer an opinion as to whether any current psychiatric disorder is related to the psychiatric symptoms and history shown in the service medical records and the post- service and current psychiatric symptomatology. The examiner should also be asked to fully explain the basis of his/her opinion. 3. We note that the veteran failed to report for examinations scheduled in 1993. If the veteran expresses a willingness to report for additional examinations, the RO should schedule the veteran for examinations concerning his low back disorder and residuals of mononucleosis, as requested in the Board's August 1992 remand. Any indicated tests or studies should be performed. Each examiner must be provided with the claims file for review. Each examiner should be asked to offer an opinion concerning any relationship between any abnormality found on examination and any symptoms or findings shown during service or subsequent to service. Each examiner should fully explain the basis of his/her opinion. 4. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case 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 appellant need take no action until otherwise notified. 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) (1993).