BVA9507149 DOCKET NO. 92-09 703 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for a burn scar of the right inner thigh. 2. Entitlement to service connection for an acquired psychiatric disorder to include post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Connolly, Associate Counsel INTRODUCTION Of record is the veteran's DD Form 214 which shows active service from August 1982 to September 1985. It also shows three years, one month, and three days of prior active service. His period of active duty has not been verified by the service department. This matter came before the Board of Veterans' Appeals (Board) on appeal from a June 1991, rating decision of the Detroit, Michigan, Regional Office (RO) of the Department of Veterans Affairs (VA) which denied entitlement to service connection for a leg injury and burn scar to the right inner thigh and also denied entitlement to service connection for a psychiatric disorder. The notice of disagreement was received in October 1991. The statement of the case was sent to the veteran in November 1991. The substantive appeal was received in December 1991. In January 1992, the veteran testified at a personal hearing at the RO. At that time, the veteran and his representative clarified the issues on appeal. Specifically, they indicated that the veteran was seeking service connection for a burn scar of the right inner thigh and a psychiatric disorder to include PTSD. In a January 1993 decision, the Board remanded this case to the RO for further development. REMAND In the veteran's VA Form 21-526, Veteran's Application for Compensation or Pension, the veteran indicated that his service dates were from 1979 through 1985. Of record was the veteran's DD 214 which indicated active service from August 1982 to September 1985 as well as 3 years, 1 month, and 3 days of prior service. The RO has not yet verified the veteran's service from August 1982 to September 1985 with the National Personnel Records Center (NPRC) or any prior service. The Board has reviewed the veteran's service medical records and observes that they date back to 1979. The Court has stated that when the Board addresses in its decision a question that was not addressed by the RO, the Board must consider whether the claimant has been given adequate notice of the need to submit evidence or argument on that question and an opportunity to submit such evidence and argument. If not, it must be considered if the veteran has been prejudiced thereby. Bernard v. Brown, 4 Vet.App. 384, 393 (1993). In addition, if the Board determines that the claimant has been prejudiced by a deficiency in the statement of the case, the Board should remand the case to the RO pursuant to 38 C.F.R. § 19.9 (1994), specifying the action to be taken. Bernard v. Brown, 4 Vet.App. 384, 394 (1993) In this case, the RO indicated in its August 1991 rating decision that the veteran only had one period of service (from August 1982 to September 1985) and only that one period of service was considered in his claim for entitlement to service connection for a burn scar of the right inner thigh and entitlement to service connection for an acquired psychiatric disorder to include PTSD. The Board finds, therefore, that the veteran was prejudiced since the RO improperly did not consider the earlier period(s) of service and the veteran was not given an opportunity to submit evidence or argument as to that period of service. The Board further finds that the RO should address the veteran's earlier period of service prior to adjudication by the Board on that point. Therefore, the Board finds that the RO should verify all periods of the veteran's service with the NPRC, particularly, the 3 years, 1 month, and 3 days prior to August 1982. In addition, the RO should request from the NPRC verification of the veteran's unit assignments as well as the locations and dates of where he was stationed. The NPRC should specifically indicate if the veteran was stationed outside of the United States, and, if he was stationed abroad, the locations and dates of where he was stationed. His personnel/administrative records should also be requested. In a February 1993 letter, the veteran was requested to submit information regarding the identity of the individual who was with the veteran when he was allegedly attacked in Lebanon. Since this case is being remanded to the RO for the aforementioned development, the Board finds that the veteran should be given a second opportunity to submit that information. Under the circumstances of this case, additional development is necessary in order to fulfill the VA's duty to assist. Accordingly, this matter is REMANDED for the following action: 1. The RO should contact the NPRC and request verification of all periods of the veteran's service, particularly, the 3 years, 1 month, and 3 days prior to August 1982. The NPRC should be asked to verify the veteran's unit assignments as well as the locations and dates of where he was stationed. The NPRC should specifically indicate if the veteran was stationed outside of the United States, and, if he was stationed abroad, the locations and dates of where he was stationed. His personnel/administrative records should also be requested and associated with the claims file. 2. The RO should contact the veteran and request that he submit information regarding the identity of the person who was with the veteran when he was allegedly attacked in Lebanon. 3. The RO should readjudicate the veteran's claims for entitlement to service connection for a burn scar of the right inner thigh and entitlement to service connection for an acquired psychiatric disorder to include PTSD. If the action taken is adverse to the veteran, he and his representative should be furnished a supplemental statement of the case that contains a summary of the relevant evidence and a citation and discussion of the applicable laws and regulations. He should also be afforded the opportunity to respond to that supplemental statement of the case before the claim is returned to the Board. No action is required of the veteran until further notice. The Board expresses no opinion, either factual or legal, as to the ultimate determination warranted in this case pending completion of the requested development. 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).