BVA9501455 
DOCKET NO.  93-08 657     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Huntington,
West Virginia

THE ISSUES

1.  Entitlement to service connection for an acquired psychiatric
disorder.

2.  Whether new and material evidence has been submitted to
reopen a claim of entitlement to service connection for a low
back disorder.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

S. D. Regan, Associate Counsel

INTRODUCTION

The veteran had active military service from March 1964 to March
1967.  This came before the Board of Veterans' Appeals
(hereinafter "the Board") on appeal from a January 1993 rating
decision of the Huntington, West Virginia Regional Office
(hereinafter "the RO") which, in pertinent part, denied service
connection for an acquired psychiatric disorder and for a low
back disorder.  The veteran has been represented throughout this
appeal by the American Legion.

REMAND

The veteran asserts on appeal that the RO erred in denying
service connection for an acquired psychiatric disorder and in
failing to reopen and grant his claim for service connection for
a low back disorder.  The veteran contends, essentially, that his
acquired psychiatric disorder manifested itself during active
military service.  The veteran also avers that he injured his
back in an automobile accident during service.

In reviewing the record, the Board notes that there are notations
in the record which allude to treatment for nervous
symptomatology which may impact upon the current appeal.  For
example, the service medical records indicated in 1964 that the
veteran had been nervous for four years, and had been treated by
a private physician for a nervous stomach.  Moreover, a hospital
record from service indicated the veteran had gone home on leave,
and returned with a letter from his family physician reporting
treatment for a "gastric neurosis".  No such letter is associated
with the service medical records.  It is further noted that in a
1978 claim, the veteran reported treatment by Dr. Charles Mintz
for a hernia and "nerves" beginning in 1968.  Of record is a 1978
statement from Dr. Mintz which refers to various disabilities,
but gives no particulars as to when treatment began.

The VA has a statutory duty to assist the veteran in proving his
claim; and consistent with this duty, further development is
called for.

Accordingly, the case is being REMANDED for the following action:
1.  The veteran should be contacted through
his representative and asked to furnish
information pertaining to the health care
providers who followed him before service for
a nervous stomach, and during service for a
"gastric neurosis".  Records of purported
treatment should be sought.

2.  Dr. Charles H. Mintz, of 6 East Broad
Street, Millville, New Jersey 08332, should
be contacted and requested to furnish records
of his initial treatment pertaining to the
veteran's psychiatric disability.

When the above development has been completed, the case should
again be reviewed by the originating agency.  If the decision
remains adverse to the veteran, he and his representative should
be furnished a Supplemental Statement of the Case and afforded a
reasonable period to respond.  Thereafter, subject to current
appellate procedures, the case should be returned to the Board
for further appellate consideration, if appropriate.

The veteran need not take any action unless he is further
informed.  The purpose of this REMAND is to allow for further
development of the record.  No inference should be drawn from it
regarding the final disposition of the veteran's claim.

          E. W. SEERY
          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).