BVA9500024 DOCKET NO. 93-02 841 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois THE ISSUE Whether new and material evidence has been submitted to reopen a claim for service connection for a psychiatric disorder, to include post traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The veteran and his spouse ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel INTRODUCTION The veteran had active duty from December 1950 to September 1952. This appeal arises from a May 1992 rating decision by the RO. In October 1993 the veteran was afforded a personal hearing before a traveling member of the Board of Veterans' Appeals (Board). REMAND By a decision of August 1955 the RO denied service connection for schizophrenia. No appeal was perfected. The issue originally developed and certified for appellate review was entitlement to service connection for post traumatic stress disorder. However, at his personal hearing the veteran stated that the issue was whether new and material evidence had been submitted to reopen a claim for service connection for a psychiatric disorder, to include post traumatic stress disorder. However, neither the statement of the case nor the supplemental statements of the case address this issue. Moreover, in October 1994, and November 1994, additional evidence was received at the Board, and the veteran has not waived initial consideration thereof by the RO. Consequently, additional development is necessary. To ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should review the claims folder, including the recently added medical records, and adjudicate the issue of whether new and material evidence has been submitted to reopen a claim for service connection for a psychiatric disorder, to include post-traumatic stress disorder. 2. If the veteran's application remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. The supplemental statement of the case should contain complete reasons and bases for the actions taken and complete laws and regulations governing the reopening of claims for service connection. 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. BARBARA B. COPELAND 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).