BVA9501076 DOCKET NO. 93-13 512 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for skin disability of the hands. 2. Entitlement to service connection for bronchitis. 3. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for psychiatric disability. 4. Entitlement to an effective date prior to January 6, 1992, for an award of a permanent and total rating for pension purposes. REPRESENTATION Appellant represented by: Gail M. Johnson, Agent WITNESSES AT HEARING ON APPEAL Appellant and mother ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from September 1974 to September 1977. This appeal arises from a March 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. REMAND The veteran contends that he received medical treatment for bronchitis and a skin disorder of the hands at the Ft. Lee and Ft. Jackson medical facilities during service. His service medical records, however, include only the induction and separation examination reports. The Board of Veterans' Appeals (Board) believes that a search for additional service medical records should be undertaken. The veteran and his representative have alleged medical treatment at various facilities from which medical records have not been either solicited or obtained. Medical attention was allegedly received from St. John's River Hospital at 6300 Beach Boulevard, Jacksonville, Florida 32209. A request for medical records was sent to this facility; however, the hospital responded that a proper release would be necessary to furnish the records. The release form was never signed by the veteran. In addition, the veteran's representative has referred to the St. John's Regional Medical Center and the St. John's Regional Mental Health Center. It is not clear whether these are all references to the same facility. The veteran also has maintained that he received medical care at University Hospital in the years 1980, 1986, and 1987. A response to a request for records from that facility indicates that the veteran did not receive any treatment from 1978 to 1985. This would include the alleged 1980 treatment, but the alleged treatment in 1986 and 1987 was not addressed. Several requests for records have been directed to the VA Outpatient Clinic in Jacksonville, Florida. In May 1992, the RO received a response that the veteran was not treated there from January 1977 to December 1979, and that he had not been seen since July 1981. However, the records through July 1981 were never obtained. Although records from December 1991 to May 1992 were later secured, no attempts have been made to retrieve the older records. In an August 1992 statement, the veteran's representative alleged that the veteran had received treatment at the Mental Health Center of Jacksonville at P.O. Box 9010, Jacksonville, Florida 32208. No attempts have been made to retrieve these records. Finally, a review of the Statement of the Case issued in April 1993 reveals that the RO has not provided the veteran with the laws and regulations concerning the earlier effective date issue. In view of the foregoing, the Board concludes that further development, as specified below, is necessary. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for psychiatric disability, a skin disorder of the hands, or for bronchitis during or subsequent to service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. Specifically, the RO should attempt to retrieve any medical records from the University Medical Center in Jacksonville after 1985. Records dated from January 1980 to the present also should be secured from the VA Outpatient Clinic in Jacksonville. The RO should determine whether the three identified facilities using the name St. John's are one or more than one facility, and thereafter obtain any and all indicated medical records. Finally, the RO should obtain copies of any and all medical records from the Mental Health Center of Jacksonville at P.O. Box 9010, Jacksonville, Florida 32208 which have not previously been obtained. 2. The RO should request that the service department conduct a special search for service medical records based upon the veteran's statements that he received treatment at Ft. Lee and Ft. Jackson during service. The RO should provide the years of treatment at these locations. The veteran's assistance should be requested if necessary. If no additional evidence is available for whatever reason, this should be specifically noted. 3. Thereafter, the RO should undertake any other indicated development, to include providing the veteran with appropriate VA examinations, if indicated. 4. The RO should then readjudicate the issues on appeal. If the benefits sought on appeal are not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case on all issues in appellate status and be afforded a reasonable opportunity to reply. The supplemental statement of the case should include the laws and regulations concerning earlier effective dates if the earlier effective date issue remains on appeal. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is notified by the RO. SHANE A. DURKIN 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).