BVA9500237 DOCKET NO. 93-06 869 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Entitlement to service connection for cervical fracture and fusion. 2. Entitlement to an increased rating for post traumatic stress disorder (PTSD), currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Sherman, Counsel REMAND The veteran had over 20 years, 3 months and 22 days of active military service from August 1950 to November 1969 at which time he retired. He reports prior service from July l949, but this has not been verified. This appeal arises from a January 1992 rating decision of the Denver, Colorado, regional office (RO) that assigned a l0 percent evaluation for post traumatic stress disorder following the grant of service connection for this disability and denied service connection for a neck injury. The appellant contends that an injury to his neck treated by fusion at a military facility in 1978 was incurred in 1959. He also contends that his post traumatic stress disorder is more disabling than currently evaluated, and that it has been the primary hindrance in his ability to obtain employment. An attempt was made by the RO to obtain the 1978 military records referred to by the veteran. The military facility suggested that the records might have been transferred to the National Personnel Records Center. No attempt was made to obtain these records from the National Personnel Records Center. Although the claimant has the burden of submitting evidence in support of the claim, where that evidence is in the control of the Federal Government, the VA is responsible for seeing that it is provided. Murphy v. Derwinski, 1 Vet.App. 78 (1990). Moreover, the VA has a duty to assist the veteran in the development of facts pertaining to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.303(a) (1993). This duty to assist includes, when appropriate, the duty to conduct a thorough and contemporaneous examination of the veteran which takes into account the records of prior medical treatment. Green v. Derwinski, 1 Vet.App. 121, 124 (1991). This is to ensure that the evaluation of the disability is a fully informed one. Accordingly, the veteran should be asked to furnish the names and addresses of all medical providers from whom he sought treatment for his neck from time of discharge from service until l978. Thereafter, a VA medical examination should be obtained to include a medical opinion on the relationship between the neck condition requiring surgery postservice and the neck condition which was treated in service. With regard to the issue of the rating to be assigned the post- traumatic stress disorder, current outpatient treatment records and an examination will be requested in order that the final decision be based on contemporaneous evidence. Under the circumstances of this case, additional assistance is required. Accordingly, the case is REMANDED to the RO for the following: 1. The RO should contact the veteran and obtain the names and addresses of all health care providers where he has received treatment for disabilities of the cervical spine from service discharge until his surgery postservice and for treatment of his psychiatric condition since October l991. The veteran should be requested to complete and sign the appropriate authorization forms which will allow for the release of private medical records to the VA. Thereafter, the RO should acquire copies of all available medical records. Once obtained, all records must be associated with the claims folder. 2. The National Personnel Records Center, St. Louis, Mo. should be contacted to determine if they have copies of the veteran's treatment records at Fitzsimons Army Medical Center from l978 to l979. If so, the records should be obtained and included in the claims folder. 3. The veteran should be afforded VA special examinations in orthopedics and psychiatry. The orthopedist should furnish an opinion as to whether the cervical disability which required surgery in the late l970's is related to the cervical disability treated in service in l959 and l961. The psychiatric examiner should identify the complaints, findings and diagnoses pertaining to the PTSD and any limitation of activity imposed by this disability. The psychiatric examiner should also render an opinion as to what effect the PTSD has on the veteran's ability to work. 4. When the requested developments have been completed and reviewed by the RO, and in the event that the decisions remain adverse to the appellant, a supplemental statement of the case should be prepared and furnished to the appellant and to his representative. They should then be given an opportunity to respond. Thereafter, the case should be returned to the Board in accordance with current appellate procedures. The appellant need take no action until he is further informed. The purpose of this REMAND is to obtain additional information, and no inference should be drawn regarding the final outcome of this claim as a result of this action. I. S. SHERMAN 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).