BVA9507249 DOCKET NO. 92-08 703 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from August 1970 to August 1973. This case was previously before the Board in March 1993, at which time it was remanded for additional development, including examination of the veteran to determine if he had post-traumatic stress disorder (PTSD). Records obtained included a report of Department of Veterans Affairs (VA) hospitalization in June 1991, which resulted in diagnoses of alcohol abuse, homicidal ideations resolved, and possible PTSD. On the VA examination in October 1993, the examiner noted that outpatient clinicians had reported PTSD and that "experts in the Social Security system" had rendered a diagnosis of PTSD. The VA examiner did not feel that the evidence supported such diagnosis. He further noted that he could not tie the veteran's experiences he had in Vietnam to his current symptoms. However, he suggested that a second opinion could be obtained. The representative argued in August 1994 that appellate development was inadequate as no effort had been made to obtain the records pertinent to the veteran's Social Security disability benefits. In addition, the representative requested an additional examination to confirm or rule out the presence of PTSD. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for PTSD since July 1993. After securing the necessary release, the RO should attempt to obtain these records. 2. The RO should obtain from the Social Security Administration the records pertinent to the appellant's claim for Social Security disability benefits, as well as the medical records relied upon concerning that claim. 3. After the above records have been secured to the extent possible, the RO should schedule the veteran for a special VA psychiatric examination by an examiner who has not previously examined the veteran, if possible, to determine the nature of all of the veteran's neuropsychiatric disorders, to include PTSD. The examiner should comment upon the etiological relationship, if any, between any multiple diagnoses rendered. The examiner should conduct the examination in accordance with the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorder. The examiner should consider the criteria for PTSD; if a diagnosis of PTSD is appropriate, the examiner should specify the credible "stressors" that caused the disorder. The claims folder must be provided to the examiner for review prior to the examination, and the examiner should, after reviewing same, attempt to reconcile the medical evidence of record when proffering the requested opinion. If the examiner is unable to answer any question posed herein, then this should be stated expressly. Any indicated consultations or diagnostic tests should be performed. 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 of Veterans' Appeals (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. V. L. JORDAN 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).