BVA9503314 
DOCKET NO.  91-13 747     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Whether new and material evidence has been submitted to reopen a
claim of service connection for an acquired psychiatric
disability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

Robert B. Swanson, Associate Counsel
REMAND

The veteran had active service from October 1975 to August 1980.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a June 1990 rating decision by the Department of
Veterans Affairs (VA) Regional Office (RO) in Montgomery,
Alabama.

The veteran is seeking service connection for an acquired
psychiatric disability, which he contends had its onset in
service.  In March 1981, the RO denied a claim by the veteran for
service connection for an acquired psychiatric disability.  The
veteran was notified of the decision in April 1981, and he did
not file a timely appeal.  The veteran is now attempting to
reopen the same claim.

In June 1991, the Board remanded the veteran's claim, in part,
for a psychiatric examination to include a medical opinion as to
whether the veteran's current psychiatric disability was incurred
as a result of service.  A special VA psychiatric examination was
conducted in October 1991, and chronic paranoid type
schizophrenia was diagnosed, along with several substance abuse
disorders.  The substance abuse disorders are not considered
acquired psychiatric disorders for which benefits may be granted.
The examiner did not express a medical opinion as to the etiology
of the veteran's acquired psychiatric disability.  In January
1993, the Board found that new and material evidence had not been
presented with which to reopen the veteran's claim, and the
veteran appealed the Board's decision to the United States Court
of Veterans Appeals (Court).  The Court by a Memorandum Decision,
dated in September 1994, vacated the Board's decision, and
remanded the case to the Board for compliance with its decision.
A copy of the Memorandum Decision has been associated with the
veteran's claims file.  The Court found that the VA breached its
duty to assist by failing to secure the aforementioned medical
opinion and therefore vacated and remanded the Board decision so
that the medical opinion could be obtained.  Remand to the RO is,
therefore, necessary to secure a special VA psychiatric
examination with a medical opinion regarding the etiology of the
veteran's psychiatric disability.

Since additional development is required by the Court decision,
the case is REMANDED to the RO for the following action:

1.  The RO should schedule the veteran for
a special VA psychiatric examination as
well as any other special examination
deemed necessary by the examiner(s) to
determine the nature and extent of the
veteran's psychiatric disability or
disabilities.  All necessary tests and
studies should be accomplished, and all
clinical manifestations should be reported
in detail.  The examiner(s) should express
an opinion on whether the veteran's present
psychiatric disability or disabilities were
initially manifested in service or are
otherwise related to service.  The claims
folder should be made available to all
examiners, and should be reviewed prior to
all examinations.

2.  After all examinations have been
completed, the RO should review the
veteran's claim.  If the determination is
unfavorable to the veteran, a supplemental
statement of the case should be sent to the
veteran and to his representative.  The
supplemental statement of the case should
set forth the evidence added to the record
since the May 1992 supplemental statement
of the case, any legal authority relied
upon that was not previously cited, the
decision, and the bases for the decision.
After the supplemental statement of the
case is sent, the veteran and his
representative should be given the
appropriate time in which to respond.

Thereafter, subject to appellate procedures, the case should be
returned, if appropriate, to the Board for further consideration.
The purpose of this REMAND is to secure clarifying data.  No
action is required by the veteran until he receives further
notice.

          ROBERT D. PHILIPP
          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).