BVA9505424 
DOCKET NO.  91-39 606     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Cleveland, Ohio

THE ISSUE

Entitlement to service connection for a psychiatric disorder.

REPRESENTATION

Appellant represented by: Sandra E. Booth, Attorney

WITNESS AT HEARINGS ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

Christopher Maynard, Associate Counsel

INTRODUCTION

The veteran had active service from November 1967 to November
1969.

A decision by the Board of Veterans' Appeals (Board) in January
1982 denied service connection for a psychiatric disability and
the veteran and his representative were provided a copy of that
decision.

By rating action dated in March 1990, the RO found that the
veteran had not submitted new and material evidence sufficient to
justify reopening of the claim.  The veteran appealed and a
personal hearing was conducted at the RO in January 1991.  The
claim was initially received at the Board in August 1991 and was
remanded to the RO for additional development in April 1992.  A
personal hearing before a member of the Board was conducted in
May 1993.  A decision by the Board in July 1993, found that new
and material evidence had been submitted to justify reopen the
veteran's claim but that a preponderance of the evidence did not
support the grant of service connection.

In December 1994, the United States Court of Veterans Appeals
(Court) granted a joint motion for remand and vacated the July
1993 Board decision.  The matter was remanded for appropriate
action consistent with the motion.

REMAND

As a result of the order of the Court, the Board is required to
attempt to obtain additional information pertinent to the
veteran's award of Social Security Disability benefits and copies
of any VA and private medical records for claimed treatment
beginning in 1970 and to undertake any additional development as
deemed necessary.

To ensure that the VA has met its duty to assist the veteran in
developing facts pertinent to the claim and to ensure full
compliance with due process requirements, the case is REMANDED to
the RO for the following development:

1.  The RO should take appropriate steps to
obtain copies of all medical reports
referable to treatment of the veteran from
the VA medical facility in Brecksville,
Ohio, during hospitalization in 1972, and
obtain a "definitive statement" from an
official at that facility regarding whether
the veteran was treated there as an
inpatient in 1970.  The RO should also
attempt to obtain copies of any medical
records referable to the veteran from the
Fallsview Psychiatric Hospital,
330 Broadway East, Cuyahoga Falls, Ohio
44221-3398, for treatment prior to February
1977, and any pertinent medical records
from Akron Medical Center, 400 Wabash Ave.,
Akron, Ohio 44307, for hospitalization.
Any records obtained should then be
associated with the claims folder.

2.  The RO should obtain from the Social
Security Administration copies of all
records pertinent to the veteran's claim
for Social Security disability benefits
with that agency, as well as the medical
records relied upon concerning that claim.

3.  The veteran should be afforded a VA
psychiatric examination in order to
determine the nature and likely etiology of
his psychiatric disorder.  All indicated
testing should be performed.  The
examination should be conducted in
accordance with the guidelines set out in
the Physician's Guide for Disability
Evaluation Examinations (IB 11-56, 1 March
1985).  The claims folder should be made
available to the examiner for review.
Based on her/his review of the record and
the recorded clinical findings, the
examiner should offer an opinion as to the
medical probability that any observed
mental disorder, including schizophrenia,
had its onset during service or the first
year thereafter.  The findings should be
typed or otherwise recorded in a legible
manner for review purposes.

4.  After the development requested above
has been completed, the RO should again
review the record.  If the benefit sought
on appeal remains denied, the veteran and
representative should be furnished a
supplemental statement of the case and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board for
appellate consideration, if in order.  The Board intimates no
opinion as to the ultimate outcome of this case.  The veteran
need take no action unless otherwise notified.

          STEPHEN L. WILKINS
          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).