Citation Nr: 0004011 Decision Date: 02/15/00 Archive Date: 02/23/00 DOCKET NO. 95-06 334 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Phoenix, Arizoma THE ISSUE Entitlement to servoce connection for schizophrenia REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD David Cherry INTRODUCTION The veteran served on active duty from December 1971 to November 1974. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 1992 decision of the Los Angeles, California, Department of Veterans Affairs (VA) Regional Office (RO), which held that new and material evidence had not been submitted to reopen a claim of entitlement to service connection for schizophrenia. In June 1998, the veteran's claim file was transferred to the Phoenix, Arizona, VA RO. REMAND On review of the record it is noted that in an unappealed rating decision of June 1980, the Milwaukee, Wisconsin, RO denied service connection for a nervous condition characterized on the rating sheet as depression. Thereafter the veteran sought to reopen his claim and additional evidence was received, showing, in part, that the veteran had schizophrenia. In a June 1985 rating decision the RO found that no new and material evidence had been submitted to reopen the claim, then characterizing the psychiatric disorder as schizophrenia. The veteran was notified of that decision but did not appeal. Now, he again seeks to reopen his claim for service connection for schizophrenia and additional evidence has been submitted. After the Los Angeles RO determined that the additional evidence was not both new and material and advised the veteran of such, he appealed. Thus, the case is before the Board. Inasmuch as the 1980 rating decision did not consider the matter of service connection for schizophrenia and there was no diagnosis of schizophrenia in the evidence of record at that time, the 1985 rating decision should have decided service connection for schizophrenia on a de novo basis (based on the entire record). See Ephraim v. Brown, 82 F.3d 399 (Fed. Cir. 1996) As such was not done then or in the rating decision now on appeal, the Board concludes that the case must be remanded for the following: The claim of service connection for schizophrenia should be adjudicated de novo, with consideration of the entire record. Initially it should be determined whether the claim is well grounded and, if it is, whether service connection is warranted. If the claim is denied, a supplemental statement of the case should be issued to the veteran and his representative, with opportunity to respond. The case should then be returned to the Board. The purpose of this remand is to correct a procedural problem and to ensure due process. The veteran need take no additional action unless notified. The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. JANE E. SHARP Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).