BVA9501237 DOCKET NO. 93-10 718 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Wichita, Kansas THE ISSUE Entitlement to service connection for an acquired psychiatric disability, to include schizophrenia. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD James A. Pritchett, Associate Counsel INTRODUCTION Evidence of record indicates that the veteran performed active duty for training from May 1979 to August 1979 and served on active duty from November 1980 to July 1981. This appeal arises from an April 1992 decision by the Wichita, Kansas, Department of Veterans Affairs (VA) Regional Office (RO) that denied service connection for schizophrenia. REMAND The veteran's DD Form 214 indicates that he was separated from active service in July 1981 after a "medical board" for a physical disability which existed prior to active service. Although the claims file contains a copy of a military request for expeditious discharge for physical disability dated in May 1981, it does not contain the complete service medical records for the period of the veteran's active service; nor does it contain a copy of the Medical Evaluation Board (MEB) decision referenced in the request for discharge. The record indicates that the National Personnel Records Center may have sent a copy of the MEB decision to the RO, but it was evidently misplaced and is not contained in the current claims folder. In this regard, it is noted that the veteran's application for service connection of a psychiatric disorder was dated in August 1991 and received by the VA the following month. Further he noted on the form that he had previously filed a claim for VA vocational rehabilitation benefits. Further, in response to a repeated VA request to the service department for a copy of the military Medical Board proceedings report, the service department stated that a copy of this report had been sent to the VA in December 1990. Included with this response was a copy of a VA Form 21-3101 which reflects that the regional office had requested documentation from the service department during 1990 with regard to a claim for "VAMC Treatment" for the veteran. The service department's response entered on the form referred to an attached medical board report. Since the above noted contact with the service department preceded the veteran's August 1991 claim for service connection, the question whether a separate file exists arises. A summary of VA hospitalization of the veteran from June 1981 to April 1982 reflects that the veteran had been admitted to the VA hospital while still on active duty, on transfer from the Silas B. Hays Army Community Hospital, Fort Ord, California, where he had been hospitalized since April 1981. The records of this Army hospitalization are not contained in the claims folder. The veteran's Appeal to the Board of Veterans' Appeals states, in essence that he either never had a disability prior to service, or that he had a disability which was aggravated by active service. He has reported treatment for schizophrenia at Larned, Kansas, in July 1984, and at the Topeka, Kansas, State Hospital in June 1988. No records of these periods of treatment are contained in the claims folder. The claims folder does contain records of treatment and evaluation of the veteran for psychiatric complaints by T. C. Piekenbrock, M.D., in May 1980, at St. Anthony Hospital, Hays, Kansas, in July 1980, and at the Prairie View Mental Health Center, Newton, Kansas, during September and October 1980. Since the veteran's claim is well grounded, the VA has a duty to assist in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107 (West 1991); 38 C.F.R. § 3.103 (1993). Accordingly, the case is remanded to the RO for the following: 1. The RO should contact the veteran and ascertain if he was treated for a psychiatric disability, other than as already documented in the claims folder, prior to his active service. If so, the veteran should be asked for the names and addresses of any treating physician. He should also be asked to provide such information as to post-service treatment for a psychiatric disability. After obtaining authorization from the veteran, the RO should obtain copies of any such treatment records concerning a psychiatric disability prior to November 1980, as well as records of all post-service treatment for a psychiatric disorder. 2. The RO should again attempt to obtain copies of the veteran's complete service medical records, particularly including the veteran's clinical medical records for his hospitalization at the Silas B. Hays Army Community Hospital, Ft. Ord, California, and a copy of the MEB decision in the veteran's case. In this regard, it is noted that, as discussed in M21-1, Part III, Chapter 4 (particularly paragraphs 4.01i and 4.17c), the clinical records are filed separately from the veteran's individual health records. 3. The RO should contact the service department to obtain a copy of the veteran's Official Military Personnel File (OMPF) which might include a copy of the MEB decision. After completion of the above development, the veteran's claim should be further reviewed. If the determination is adverse, the veteran and his representative should be provided with a supplemental statement of the case and given the appropriate opportunity to respond thereto. Thereafter, the claims file, including the above requested evidence, should be returned to this Board for appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of this remand is to procure clarifying data. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of the appeal. JAMES R. ANTHONY 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).