BVA9502712 DOCKET NO. 93-11 105 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Seattle, Washington THE ISSUE Entitlement to service connection for schizophrenia. REPRESENTATION Appellant represented by: AMVETS ATTORNEY FOR THE BOARD Darryl A. Joe, Associate Counsel INTRODUCTION The veteran had active military service from June 1985 to February 1990. Evidence currently of record suggests that the veteran has also had unverified reserve service. This matter comes before the Board of Veterans' Appeals (hereinafter the Board) on appeal from an August 1992 rating decision by the Seattle, Washington Regional Office (hereinafter RO) of the Department of Veterans Affairs (hereinafter VA), which denied the veteran's claim seeking entitlement to service connection for schizophrenia. We note that during his informal presentation to the Board, the veteran's accredited representative advanced arguments related to the veteran's claim for increased disability ratings for his service-connected disabilities. Additionally, the representative apparently argued that special clinical studies should be performed to confirm or rule out the presence of tinnitus, for which service connection was previously denied by the RO and requested consideration of service connection for back and hearing disorders. These issues are not inextricably intertwined with the issue on appeal, nor have they been developed for appellate review. Accordingly, these issues are referred to the RO for appropriate action. REMAND The veteran contends, essentially, that his acquired psychiatric disorder, diagnosed as schizophrenia, paranoid type, had its onset during his active military service. In this regard, we again point out that the veteran had active military service from June 1985 through February 1990. Current evidence on file, namely a June 1992 information form which is part of the veteran's outpatient treatment file at the VA Medical Center located in American Lake (Tacoma), Washington, suggests that he has served on reserve duty since his discharge from active service in 1990. The form described above also contains information that the veteran, as a requirement of his status as a reservist, was given a physical examination in April 1991. The veteran's DD Form 214, Certificate of Release or Discharge from Active Duty, shows that he was assigned to reserve status immediately following his separation from active service. However, we observe that there are no records currently on file pertaining to the veteran's service as a reservist. As these records, especially the report of examination in April 1991, if such an examination actually took place, may be essential to a determination in this case, the RO should make an effort to secure any available records pertaining to the veteran's reserve service. The Board acknowledges that 38 C.F.R. § 20.1304 (1993) provides, in relevant part, that an appellant will be given 90 days following the mailing of the notice of certification of appeal and transfer of records to submit additional evidence. The Board also observes that this regulation requires that pertinent evidence submitted to the Board by the originating agency must be referred to the agency of original jurisdiction for review and preparation of a supplemental statement of the case, unless the appellant or appointed representative waives such consideration. Our review of the record reveals that notice was mailed to the veteran on May 12, 1993, informing him that his appeal had been certified to the Board for appellate review. Following processing at the RO, the evidence was forwarded to the Board in June 1993. Although we find that the new evidence was timely submitted in accordance with 38 C.F.R. § 20.1304, these records will have to be returned to the RO. This action is taken to ensure that the veteran is accorded his due process rights in accordance with 38 C.F.R. § 20.1304, which also provides that all evidence accepted by the Board must be referred to the RO for review unless this procedural right is waived in writing by the appellant. We note that no such waiver is of record. Consequently, this evidence must be referred to the RO prior to the Board's appellate consideration of the evidence in question. Therefore, the Board concludes that additional development of the record should be undertaken prior to appellate review of the veteran's claim. The VA has a duty to assist veterans in the development of facts pertinent to their well-grounded claims. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1993). Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following actions: 1. The RO should request certification of the veteran's reserve status, to include actual reserve duty dates. If it is determined that the veteran had service as a reservist, all records pertaining to such service, including personnel and medical records, should be obtained and associated with the claims folder. The RO should also verify that the veteran's complete active military service medical records are currently on file, to include all records compiled during his reported hospitalization from November 24 through December 15, 1989 following an automobile accident. 2. The RO should obtain all up-to-date treatment records, VA or private, of the veteran's treatment for a psychiatric disorder for association with the claims folder. 3. When the requested development has been completed, the RO should review the veteran's claim, including all evidence secured pursuant to this REMAND and the evidence which was forwarded to the Board in May 1993. If the issue on appeal remains denied, both the veteran and his representative should be issued a supplemental statement of the case and afforded the requisite 60 days within which to respond. 38 C.F.R. § 20.302(c) (1993). Thereafter, subject to current appellate procedure, the veteran's claim should be returned to the Board for further appellate consideration, if in order. The purpose of this REMAND is to procure clarifying data and to ensure due process of law. By its REMAND, the Board intimates no opinion as to the ultimate determination warranted on the issue on appeal. (CONTINUED ON NEXT PAGE) N. R. ROBIN 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).