BVA9501392 DOCKET NO. 93-09 283 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD C. S. Freret, Counsel INTRODUCTION The veteran had active military service from October 1942 to January 1946. His death, at the age of 50, occurred on November 2, 1973, and was due to a self-inflicted shotgun blast to the head, ruled a suicide. This appeal comes before the Board of Veterans' Appeals (Board) from a July 1992 rating decision by the Department of Veterans Affairs (VA) North Little Rock, Arkansas, Regional Office (RO), which denied entitlement to service connection for the cause of the veteran's death. REMAND The appellant asserts that the veteran's psychiatric disorder caused him to commit suicide in May 1973. She further alleges that his psychiatric disorder was posttraumatic stress disorder (PTSD), which was not a recognized psychiatric diagnosis at the time of his death. She points out that his PTSD was caused by his World War II experience of having his troop ship sunk by enemy aircraft in the Mediterranean Sea in November 1943, in which he sustained severe lacerations of the posterior right thigh and a severe sprain of the lumbar spine, was forced to spend approximately seven to eight hours in the cold water that resulted in shock and exposure, and witnessed the deaths and drowning of fellow servicemen. Review of the claims file reveals that the veteran was awarded The Purple Heart Medal for the wounds he sustained when his troop ship was attacked and sunk in November 1943. The veteran was hospitalized at a VA medical facility from December 1961 to January 1962 for treatment of a duodenal ulcer, which was accompanied by nervousness. He was treated later in 1962 (from June 1962 to July 1962) for his chronic duodenal ulcer that was considered improved. Four statements submitted in November 1967 describe the veteran's stomach problems after service, with one of the statements also indicating that he had been highly nervous. VA psychiatric examinations in December 1968 and December 1970 revealed symptomatology that was diagnosed as severe neurotic depressive reaction and severe depressive neurosis, respectively. The December 1970 examination report included a history of the veteran having been hospitalized in 1969 for two or three months after being severely burned in a gasoline explosion in May 1969. The appellant's representative has requested that the case be remanded in order to permit the VA to satisfy its duty to assist the appellant, by securing additional evidence supportive of the appellant's claim. After reviewing the evidence of record, the Board finds that the appellant has submitted a well-grounded claim, and that the VA's duty to assist the appellant in the development of facts pertinent to her claim is required. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994). See Sheets v. Derwinski, 2 Vet.App. 512 (1992). Because there apparently exists additional evidence that would be helpful in evaluating the appellant's claim, this case is REMANDED for the following actions: 1. The RO should request the appellant to complete and sign any necessary release of information forms in order to permit the RO to obtain any additional medical evidence with which to evaluate her claim. Thereafter, the RO should contact those health care providers identified by the appellant in order to obtain copies of all medical records pertaining to medical treatment, especially any pertaining to psychiatric treatment or counseling, accorded the veteran following his discharge from service. Of particular importance are the medical records describing his hospitalization in May 1969 for the burns sustained in the gasoline explosion. The VA medical centers in Little Rock, Arkansas, and Memphis, Tennessee, should be contacted for the purpose of providing all medical records in their possession which pertain to treatment of the veteran. All medical records obtained should be associated with the claims file. 2. The appellant should be requested to provide any additional information or statements from other persons, such as friends, neighbors, employers, co-workers, or clergy, that she believes might be helpful in demonstrating that the veteran had PTSD, and that his suicide was related to this disorder. 3. After the evidence requested above has been associated with the claims file, the RO should have a psychiatrist review the entire claims file for the purpose of evaluating the veteran's psychiatric problems and determining whether he had PTSD, and, if so, the etiology of the disorder. The psychiatrist should be requested to express an opinion as to whether the veteran's suicide (1) resulted from PTSD that (2) was related to his military service. The psychiatrist is requested to reference the applicable provisions of DSM-IV in providing reasons for his conclusions. After the above requested actions have been completed, the RO should review the appellant's claim with regard to the additional evidence obtained. If the benefit sought on appeal remains denied, a supplemental statement of the case should be furnished to the appellant and her representative. They should be afforded a reasonable period of time to respond. Thereafter, the case should be returned to the Board for further appellate consideration. The purpose of this REMAND is to obtain addition medical evidence and to ensure that the appellant is afforded due process of law. No opinion, either legal or factual, is intimated as to the merits of the appellant's claim by this REMAND. She is not required to undertake any additional action until he receives further notification from the VA. BETTINA S. CALLAWAY 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 so assigned. 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).