BVA9505979 DOCKET NO. 93-13 423 ) 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 an acquired psychiatric disorder, to include post-traumatic stress disorder. 2. Entitlement to a compensable evaluation for service-connected disabilities under 38 C.F.R. § 3.324 (1994). REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD L. Jennifer Lane, Associate Counsel INTRODUCTION The veteran had active service from November 1942 to December 1945. An unappealed rating decision dated in August 1979 denied service connection for an acquired psychiatric disorder. In September 1991, the veteran filed a claim for service connection for post-traumatic stress disorder. The current appeal arises from a February 1992 rating decision in which the Regional Office (RO) essentially reopened the veteran's claim for entitlement to service connection for an acquired psychiatric disorder, to include post-traumatic stress disorder, and denied a compensable evaluation for the veteran's service-connected disabilities under the provisions of 38 C.F.R. § 3.324. The veteran filed a notice of disagreement in June 1992. REMAND Review of the record discloses that the veteran has reported having received treatment for an acquired psychiatric disorder from private physicians and at Department of Veterans Affairs (VA) medical facilities in the past. In VA Forms 21-4138 (Statement In Support Of Claim) dated in August 1979 and November 1991, the veteran reported he received treatment at the VA medical facilities in Lake City, Florida in 1949 and 1951, Dublin, Georgia in 1952 and 1953 and Tampa, Florida since 1973. In the November 1991 VA Form 21-4138, the veteran related that he was treated by a psychiatrist on Davis Island, Tampa, Florida in 1981. However, he did not provide the physician's name or complete address. Also, in a VA Form 21-4138 dated in May 1988, the veteran indicated that he had recently received treatment at the VA medical facility in Tampa, Florida for his service- connected residuals of a hernia. The veteran also submitted VA Forms 21-4142 (Authorization For Release Of Information) in association with his claim for entitlement to service connection for an acquired psychiatric disorder in August 1979. However, it does not appear that the RO attempted to obtain records from the physicians whom the veteran reported having received treatment. To ensure that VA has met its duty to assist the veteran in developing the facts pertinent to his case, the case is REMANDED to the RO for the following development: 1. The RO should obtain the complete names and addresses of all medical care providers who treated the veteran for psychiatric complaints since service. After securing the necessary release, the RO should request copies of these records as well as copies of all records pertaining to treatment of the veteran from Donald Foster, M.D., dated in 1965, at 8407 Florida Avenue, Tampa, Florida 33604, and John E. Perchelski, M.D., at 10320 N. 56th Street, Tampa, Florida 33617. 2. The RO should also request copies of all treatment records pertaining to the veteran from the VA Medical Center (VAMC) in Dublin, Georgia, dated in 1952 and 1953; and from the VAMC in Lake City, Florida, dated in 1949 and 1951; and from the VAMC and VA Outpatient Clinic in Tampa, Florida, dated since 1973, not already of record. 3. If any of the records obtained in response to the above action show recent treatment for the veteran's service- connected disabilities, the RO should schedule the veteran for a VA examination in accordance with the VA Physician's Guide for Disability Evaluation Examinations. The purpose of this examination is to ascertain the nature and severity of the veteran's service-connected disabilities. Additionally, the examiner must be allowed the opportunity to review the veteran's claims file prior to the examination. 4. Following completion of the above development, the RO should consider the veteran's case in light of all the evidence. If the RO continues to deny the veteran's claims, he and his representative should be furnished a supplemental statement of the case and afforded a reasonable opportunity to respond. 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 veteran need take no action unless otherwise notified. U. R. POWELL 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).