BVA9503006 DOCKET NO. 93-12 948 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for a psychiatric disorder. 2. Entitlement to an increased (compensable) rating for bilateral inguinal herniae. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESSES AT HEARING ON APPEAL Appellant and his sister ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active service from April 1976 to April 1980. This appeal arises from an April 1991 rating decision of the San Juan, Puerto Rico, regional office (RO). In that decision, entitlement to a compensable evaluation for service-connected bilateral inguinal herniae was denied and the appellant's request to reopen his previously denied claim to establish service connection for a neuropsychiatric condition was denied. The record shows that the RO sent the appellant a 90-day letter in June 1993. In July 1993, the Board of Veterans Appeals (Board) received various documents, including duplicate copies of two documents already of record. There is no obvious evidence of any waiver of initial consideration by the RO, but one new document is an untranslated handwritten statement signed by someone other than the appellant. Further, there are an undated statement from a sibling of the appellant and an address change notice which were received after the 90-day period elapsed. Since the claims folder must be returned to the RO, the originating agency will have the opportunity to consider all the evidence associated with the claims folder. Under the circumstances, we are of the opinion that additional assistance is required. Accordingly, the case is REMANDED to the RO for the following: 1. The RO should arrange for translation of the undated handwritten statement addressed to the Board, date-stamped as having been received at the Board with some duplicate documents in July 1993. The translation should be associated with the claims file. 2. Unless the psychiatric claim is otherwise reopened, the RO should correspond with the appellant and apprise him of the need to submit new and material evidence, specifically evidence linking an acquired psychiatric disorder not a result of misconduct to service, to reopen his claim for service connection for a psychiatric disorder. Any such forthcoming evidence should be associated with the claims file. After the development requested above has been completed, the RO should again review the record including the evidence submitted after the case was received at the Board. The appellant and representative should be furnished a supplemental statement of the case and given the applicable opportunity to reply. 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 appellant need take no action until so notified. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).