BVA9507885 DOCKET NO. 93-12 221 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES Entitlement to service connection for dementia. Entitlement to service connection for major depression. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Robert A. Leaf, Counsel REMAND The veteran had active duty from September 1942 to November 1945. A September 1992 rating decision of the Pittsburgh, Pennsylvania, Regional Office (RO) of the Department of Veterans Affairs (VA) denied service connection for dementia and major depression. This appeal to the Board of Veterans' Appeals (Board) stems from that rating decision. Service connection is in effect for postoperative residuals, thyroidectomy for hyperthyroidism with anxiety, psychoneurosis. The record discloses that the veteran was evaluated periodically following service separation for anxiety reaction. In addition, a diagnosis of depressive reaction was rendered by a VA examiner in December 1953. Subsequently, VA and private examiners during the 1960's and 1970's observed that the veteran's neurosis was characterized by feelings of both anxiety and depression. In July 1981, the veteran was hospitalized at a private medical facility for involutional depression. A VA psychiatrist, who examined the veteran in June 1992, remarked that there appeared to be both organic and psychiatric factors which might contribute to the veteran's current clinical status. It was believed that organic factors appeared prominent although the veteran had a rather extensive history of medical and physical problems which might also play a role in precipitating depressive and anxiety complaints. The diagnoses included dementia, rule out organic affective disorder, and rule out major depression. The veteran was admitted to VA hospitalization in October 1991. It was related that he had sustained a gunshot wound to the head in 1987 and had undergone a craniotomy; he thereafter developed a seizure disorder. A July 1991 MRI showed brain atrophy, especially in the right temporal lobe. He indicated that he had once drunk heavily over the past 55 years. He stated that he had been depressed for his entire life and referred to a "sad home life." At discharge from hospitalization in July 1992, the diagnoses included dementia secondary to head trauma, organic affective disorder and major depression. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers, if any, who treated the veteran for depression since service. After securing the necessary release, the RO should obtain named records not already associated with the claims folder. In addition, any VA outpatient or hospital records since July 1992 should be obtained. 2. The veteran should then be afforded a VA psychiatric examination to determine the nature and extent of any psychiatric disorder now present. Any indicated special studies should be performed and clinical findings reported in detail. The psychiatrist should be specifically requested to express an opinion as to the probable etiology of any depressive disorder found and as to whether it is causally related to anxiety disorder, which is rated as part of his service-connected residuals of thyroidectomy for hyperthyroidism. A complete rationale should be provided for any conclusions reached. The claims folder should be made available to the examiner for review before the examination. 3. After completion of the development described above, the RO should again review the record to determine if the claim for service connection for major depression may now be granted. If the decision remains adverse to the veteran, a supplemental statement of the case should be furnished and he and his representative provided an opportunity for response. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. Appellate consideration of the issue of entitlement to service connection for dementia is deferred pending the development described above. D. C. SPICKLER 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).