BVA9502762 DOCKET NO. 93-07 072 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Roanoke, Virginia THE ISSUES 1. Entitlement to service connection for a psychiatric disorder. 2. Entitlement to service connection for residuals of frozen hands. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The veteran, his mother, his sister, his sister-in-law, and a friend. ATTORNEY FOR THE BOARD Bernard T. DoMinh, Associate Counsel INTRODUCTION The veteran served on active duty from November 1952 to August 1954. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Roanoke, Virginia, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claims for service connection for a psychiatric disorder and residuals of frozen hands. REMAND A VA document indicates that the veteran's original claims folder has been lost, a search for that folder would continue, and that the current claims folder is a "rebuilt" file. The National Personnel Records Center (NPRC) has reported that it has no service medical records concerning the veteran, such records having apparently been destroyed in the 1973 fire at that Center. Given the absence of the original claims folder and the service medical records, and taking into account the evidence which is on file, it is the judgment of the Board that there is a further duty to assist the veteran in developing the facts pertinent to his claims. 38 U.S.C.A. § 5107(a); 38 C.F.R. §§ 3.103(a), 3.159 (1993). In January 1992, following his December 1991 RO hearing, the veteran submitted several VA Forms 21-4142 to permit the release of medical records to the VA. Some of these pertain to records which are on file. Some contain incomplete addresses, and the RO did not attempt to secure the related medical records. As to these latter forms, the veteran should be given an opportunity to provide full addresses to enable the RO to obtain the records. He should understand that the RO is only obligated to obtain identified records. Gobber v. Derwinski, 2 Vet.App. 470 (1992). Information on file indicates that the veteran has been receiving Social Security Administration (SSA) disability benefits, and in the judgment of the Board those records should be obtained. Murincsak v. Derwinski, 2 Vet.App. 363 (1992). Given the allegations that the veteran has a psychiatric disorder and residuals of frozen feet due to combat service, any existing service personnel records should be obtained. (A January 1992 RO deferred rating decision indicates that this was to be done, but it apparently was not.) The veteran has been provided with a VA compensation examination with regard to a psychiatric disorder, but not with regard to the claimed residuals of frozen hands. In the judgment of the Board, an examination with regard to frozen hands is warranted. Green v. Derwinski, 1 Vet.App. 121 (1991). In view of the foregoing, the case is REMANDED for the following action: 1. The RO should make another attempt to locate the veteran's original claims folder. 2. The RO should contact the NPRC and request copies of the veteran's service personnel records, as well as any recently located service medical records. 3. The RO should contact the SSA and obtain copies of all medical records in the possession of that agency, related to the veteran's reported SSA disability benefits. A copy of the SSA decision awarding benefits should also be obtained. 4. The RO should contact both the veteran and his service representative, and they should be given an opportunity to provide complete identifying information (names, addresses, dates of treatment) with regard to the January 1992 VA Form 21-4142 for Dr. McNamee, and the January 1992 VA Form 21- 4142 for Dr. Powell, Dr. Kennel, Dr. Magal, and VA doctors. If the veteran provides satisfactory identifying information, the RO should contact the medical providers and obtain the records, following the procedures of 38 C.F.R. § 3.159. 5. After all records are obtained, the veteran should undergo a VA examination to ascertain whether or not he has residuals of frozen hands. The claims folder should be provided to and reviewed by the examiner, and all indicated special studies should be performed. Thereafter, the RO should review the claims. If the claims are denied, the veteran and his representative should be issued a supplemental statement of the case and given an opportunity to respond. Then the case should be returned to the Board. L. W. TOBIN 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).