Citation Nr: 0000574 Decision Date: 01/07/00 Archive Date: 01/11/00 DOCKET NO. 99-01 710 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Whether new and material evidence has been presented sufficient to reopen the veteran's claim for entitlement to service connection for a psychiatric condition. 2. Whether new and material evidence has been presented sufficient to reopen the veteran's claim for entitlement to service connection for a stomach condition. 3. Entitlement to service connection for a dental condition secondary to a stomach disability. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Patrick J. Costello, Counsel INTRODUCTION The veteran had active military service from October 1968 to October 1970. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a March 1997 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in St. Petersburg, Florida. A hearing was held in June 1999, in Washington, DC, before Jack W. Blasingame, who is the Board member rendering the determination in this claim and who was designated by the Chairman to conduct that hearing, pursuant to 38 U.S.C.A. § 7107 (West Supp. 1996)(amending 38 U.S.C.A. § 7102(b) (West 1991)). A transcript of the hearing was produced and has been included in the claims folder for review. REMAND As reported above, the veteran provided testimony before the Board in June 1999. During the course of that testimony, the Board concluded that a remand was in order for the purpose of obtaining additional medical documents as well as having the veteran undergo various medical examinations. Additionally, it was further suggested that the veteran was now suffering from a dental condition that has been proximately caused by a stomach condition. As such, he has asked for VA compensation benefits for this condition. The Board finds that all of the issues raised are intertwined with one another and with the veteran's request to reopen his claim for entitlement to service connection for stomach and psychiatric disabilities. It is the Board's opinion that in order to address all of the issues in a clear and concise manner, this case should be remanded, and considered again by the RO prior to the Board's final appellate decision. This action would prevent a disjointed decision and/or piecemeal litigation. See Fugere v. Derwinski, 1 Vet. App. 103 (1990); 972 F.2d 331 (Fed. Cir. 1992). Consequently, the Board finds that the case must be remanded so that the RO may consider all of the issues noted on the first page of this decision. Also, in order to accomplish this requirement, additional medical development is required. Accordingly, this case is remanded for the following actions: 1. The RO should ask the veteran for the names and addresses of all physicians who have treated subsequent to service for any dental, stomach, and psychiatric conditions since his discharge from the US Navy in 1970. The RO should then obtain and associate with the claims folder all treatment records of the veteran from such health care providers. Of particular interest are any progress notes, special studies, x-ray films, laboratory tests, and technicians' reports of the veteran's treatment during the years 1970 through 1980. If no records exist, it should be so noted in the record. 2. The veteran is to be afforded an examination by an oral surgeon to ascertain the current severity of any oral condition from which the veteran now suffers. All indicated special studies should be accomplished and the examiner should express an opinion as to whether any found condition is due to the veteran's military service or any other physical condition/disability from which the veteran may now suffer. The examiner should set forth reasoning underlying the final diagnosis. The claims folder and this Remand must be made available to the examiner for review prior to the examination. 3. The veteran is to be afforded a special psychiatric examination for the purpose of ascertaining whether the veteran now suffers from a mental disability related to his military service. Moreover, the examination should also address whether any found condition is related to the veteran's past drug usage - whether said usage was legal or illegal. All indicated special studies should be accomplished and the examiner should set forth reasoning underlying the final diagnosis. The claims folder and this Remand must be made available to the examiner for review prior to the examination. 4. The veteran is to be afforded a special gastrointestinal examination to ascertain the current nature and extent of the veteran's complaints relating to stomach. All indicated special studies should be accomplished and the examiner should set forth reasoning underlying the final diagnosis. The RO should request that the examiner discuss whether any found condition is related to the veteran's military service or to any ingestion of legal or illegal drugs. The claims folder and this Remand must be made available to the examiner for review prior to the examination. 5. The RO should review all requested reports and determine if they are adequate for rating purposes and in compliance with this remand. If they are not, they should be returned to the originator for supplemental action. Following completion of the requested development, the veteran's claim should be readjudicated. Notice is hereby given to the appellant that he has the right to submit additional evidence and argument on the matter or matters the Board has remanded to the regional office. Kutscherousky v. West, 12 Vet. App. 369 (1999). If the decision remains unfavorable, he should be given a supplemental statement of the case and allowed sufficient time for a response. Thereafter, the claim should be returned to the Board for further consideration. No action is required of the veteran until he is contacted by the regional office. The purpose of this REMAND is to ensure due process and to obtain additional clarifying medical evidence. This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. JACK W. BLASINGAME Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).