BVA9503189 DOCKET NO. 92-16 019 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUE Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Martin F. Dunne, Counsel INTRODUCTION The veteran served on active duty from October 1969 until November 1970. This matter comes before the Board of Veterans' Appeals (Board) from rating decisions of the Department of Veterans Affairs (VA) Louisville, Kentucky, Regional Office (RO). REMAND Essentially, the veteran contends that she has an acquired psychiatric condition, diagnosed as severe, recurrent, major depression, which was first manifest and treated while she was on active duty. She claims that she was treated at Wilford Hall Medical Center and Permanent Party Dispensary at Lackland Air Force Base, Texas, in 1970 while still on active duty and in 1971 after her separation from active duty. This case was remanded by the Board in August 1993 for further development, to include obtaining copies of these treatment records. In December 1993, the RO received a reply from Wilford Hall Medical Center personnel noting that they could not locate any information concerning the veteran. Since that time, the veteran noted that the reason no records were found was because the RO had requested them under her current married name and not under her former married name. She explained that, at the time she received this treatment, she was married to Air Force Staff Sergeant David Elliot Brown and was receiving treatment under his name as his dependent spouse. Also, the Board, in its earlier remand, requested that the veteran undergo a psychiatric examination and that her claims file be made available to the examiner. The examination was performed; however, it does not appear from the examination report that the examiner had an opportunity to review the files. On the other hand, the examination report reflects that the veteran and her sister related the veteran's medical history which was a factor in formulating the examiner's medical opinion. Pursuant to the Board's duty to assist the veteran in development of facts pertinent to her claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994), a final decision is being deferred pending a REMAND for the following action: 1. The RO is to try again to obtain copies of the veteran's medical treatment records from Wilford Hall Medical Center and Permanent Party Dispensary, Lackland Air Force Base, Texas. Note that, after her separation from active duty in November 1970, the veteran obtained treatment at that medical facility as a dependent spouse of her active duty Air Force Staff Sergeant husband, under her then-married surname of Brown. These records are to be incorporated with the veteran's claims file. 2. Thereafter, the RO is to arrange for the veteran to undergo a psychiatric evaluation by a board of two psychiatrists at a VA medical facility. The examiners are to follow the VA's Physician's Guide for Disability Evaluation Examinations. All appropriate tests are to be performed. The veteran's claims file, together with a copy of this remand, must be provided to and reviewed by these examiners prior to their studies. Upon completion of their examination, the psychiatrists are to express an opinion, with complete rational, as to whether it is at least as likely as not that any current psychiatric disorder found is etiologically related to the psychiatric symptomatology reported in service. The medical report is to be incorporated with the veteran's claims file. 3. Upon completion of the above- mentioned action, the RO is to readjudicate the veteran's claim. If the decision remains unfavorable to the veteran, she and her representative are to be provided with a supplemental statement of the case and afforded the appropriate period of time in which to respond. Thereafter, in accordance with the current appellate procedures, the claims file, to include the requested additional evidence, is to be returned to the Board for further appellate consideration. ALBERT D. TUTERA 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).