BVA9502965 DOCKET NO. 93-11 921 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to service connection for a psychiatric disorder with blackouts. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel REMAND The veteran had active service from July 1986 to October 1989. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Louis, Missouri. A review of the evidence of record discloses that the veteran was accorded a neurological and psychiatric examination by VA in January 1990. While no evidence of primary neurologic or psychiatric disease was found, he was referred for electro- encephalogram testing. An electroencephalographic request and report dated in January 1990 reveal that the veteran did not show for the testing. However, at his hearing before a hearing officer at the RO in May 1992, the veteran testified that he took the test one week after the examination, but the VA Medical Center in St. Louis lost the results. He and his representative asked that an attempt be made to locate the test results. Should the results not be found, it is contended the veteran be accorded another examination, to include electroencephalographic testing, by VA. The veteran also gave specific testimony regarding treatment he received in service for seizures and psychiatric symptomatology. He referred to treatment in the spring of 1988 at the Lindsey Air Station in Germany. He also referred to various tests he underwent while stationed with the 14th Maintenance Company, 5th Battalion, in Wiesbaden, Germany, between August and October 1989. He also indicated that he was referred for testing to the 97th General Hospital in Frankfurt, Germany. Evidence of record from the National Personnel Records Center in St. Louis indicates no records pertaining to the veteran are on file at that facility. No response has been received from any of the aforementioned facilities in Germany. The veteran and his representative ask that another attempt be made to locate the service records. The Board notes that at the hearing, the veteran and his representative testified that he would provide a statement from his wife regarding her visit to him while hospitalized in Germany. However, no statement from the wife is of record. In light of the foregoing and the Board's duty to assist the veteran in the development of facts pertinent to his claim, as mandated by 38 U.S.C.A. § 5107(a) (West 1991), the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of any health care providers who have treated him for a psychiatric dis- ability or blackouts and specify the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from the veteran, the RO should obtain copies of all treatment records for the veteran from the health care providers identified. 2. The RO should contact the Director, National Archives and Records Administration, St. Louis, Missouri, and request copies of morning reports for the 14th Maintenance Company, 5th Battalion, Wiesbaden, Germany, for 1988 and 1989. The RO should also make another attempt to obtain any records regarding alleged treatment of the veteran at the Lindsey Air Station medical facility in Germany in the spring of 1988 and at the Tactical Medical Center, Wiesbaden Air Base, Germany, in 1989 and the 97th General Hospital in Frankfurt, Germany, in 1989. The RO should also make one more attempt to obtain the copy of an electroencephalographic report allegedly given the veteran in January or February 1990 at the John Cochran VA Medical Center, St. Louis, Missouri. 3. Thereafter, the RO should schedule the veteran for VA psychiatric and neurologic examinations. The examinations should be conducted in accordance with VA Physicians Guide for Disability Evaluation Exami- nations. The claims folder should be made available to the examiners for review in connection with their examinations as it contains important historical data reflecting the progress of the disorder. The examiners should elicit a complete and detailed history of symptoms from the veteran. The type and frequency of blackouts and other symptoms should be described as accurately as possible. All necessary tests, to include electroencephalographic testing, should be performed. All complaints or symptoms having a medical cause should be covered by a definite diagnosis. 4. When the requested developments have been made, the RO should readjudicate the claim. If the benefit sought is not granted to the veteran's satisfaction, a supplemental statement of the case should be prepared and he and his representative should be given the applicable period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. The purpose of this REMAND is to obtain additional medical information. No action is required of the veteran until he seeks further notice. GARY L. GICK 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 deter- mination. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).