BVA9501001 
DOCKET NO.  91-46 218     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUE

Entitlement to service connection for an acquired psychiatric
disorder.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Veteran

ATTORNEY FOR THE BOARD

Suzie St. Vil, Associate Counsel

INTRODUCTION

The veteran had active military service from March 1969 to
January 1972.  He has been represented throughout his appeal by
the Disabled American Veterans.

This matter came before the Board of Veterans' Appeals
(hereinafter Board) on appeal from a rating decision of August
1989, by the St. Petersburg, Florida Regional Office (RO), which
denied the veteran's claim for service connection for a nervous
disorder.  The veteran appeared and offered testimony at a
hearing before a hearing officer at the RO in October 1990.  A
transcript of the hearing is of record.  The hearing officer's
decision was entered in October 1990, confirming the previous
denials of the veteran's claim for service connection for a
nervous disorder.  The appeal was received at the Board in
October 1991.

In October 1992, the Board remanded the case to the RO for
further development.  Some of the evidentiary development
undertaken by the RO pursuant to the October 1992 remand had
negative results.  The appeal was received back at the Board in
October 1993.  In August 1994, the case was referred to the
representative organization for comments regarding a private
medical statement submitted in November 1993 which was not
considered by the RO.  In written arguments submitted in December
1994, the representative waived RO's consideration of the above-
cited evidence.

REMAND

As noted above, this case was previously remanded by the Board in
order to obtain development of the record.  Although the RO
undertook such action that was requested by the Board, it appears
from recent communications from the veteran, as well as a
statement from his private physician, submitted directly to the
Board, that further development is warranted.  The Board
recognizes that such will delay final adjudication of this case,
but deems a remand necessary in order to comply with VA's duty to
assist the veteran in the development of his well-grounded claim.

From a review of the claims folder, the Board notes that the
veteran, at times, has expressed disagreement with the diagnosis
of his condition, asserting, for example, in January 1990 that he
was not a paranoid schizophrenic and that he was "not applying
for a disability rating based on that erroneous reading of the
evidence."  In his most recent letter of October 1993, Neil T.
Feldman, M.D. opined, based on the veteran's history, that the
veteran had a sleep disorder, obstructive sleep apnea, which was
present during military service and, further, that the veteran's
continuing excessive daytime sleepiness "complicated" his
psychiatric problems.

In view of the veteran's assertions regarding the nature of the
disability for which he seeks service connection, and in order to
ensure that the Board has a full record prior to appellate
review, the case is REMANDED for the following actions:

1.  In view of the assertions made by the
veteran, he should be asked whether he
wishes to claim entitlement to service
connection for a sleep disorder separate
and distinct from any acquired psychiatric
disability.

2.  Another effort should be made to obtain
the records of treatment from St. Anthony's
Hospital, St. Petersburg, FL, in 1975, as
well as from the facility identified by the
veteran as "Eric Linderman Hospital,"
located in Boston, MA, in 1975 and 1976.
(Information available to the Board
reflects that the name of this facility has
been changed to Massachusetts Commonwealth
Mental Health Department.)

3.  In the event the veteran has received
recent treatment, VA or private, for his
psychiatric disorder, up-to-date records
should be obtained.

4.  In addition, Dr. Feldman should be
contacted and requested to provide copies
of all clinical records relating to his
evaluation and treatment of the veteran.
When these records have been secured, they
should be made a part of the claims folder.

5.  Thereafter, the veteran should be
afforded VA psychiatric examination in
order to clarify the correct diagnosis(es)
in this case.  Prior to the examination,
the examiner should be given the
opportunity to review the entire claims
folder.  All appropriate psychological
tests should be conducted.  The examiner is
requested to comment on the relationship,
if any, between the obstructive sleep
apnea, diagnosed by Dr. Feldman, and any
acquired psychiatric disorder found to
exist.

6.  Thereafter, the RO should again review
this case and take further adjudicative
action.  In the event that the veteran has
signaled his intent to claim service
connection for a sleep disorder, separate
and distinct from a psychiatric disorder,
consideration of that claim should be made
as well.  In the event the determination(s)
remains unfavorable to the veteran, both he
and his representative should be furnished
a supplemental statement of the case,
containing a recitation of the newly
received evidence and the reasons and bases
for the decision reached.  It is imperative
that the RO comply with all appropriate
appellate procedures, in the event the
veteran claims a sleep disorder as a
separate disability.  The veteran and his
representative should be given the
requisite amount of time within which to
respond.

Thereafter, the case should be returned to the Board for further
appellate review, if in order.  The appellant need take no action
until he is notified.  The purposes of this remand are to further
develop the record and to afford the appellant due process of
law.  The Board intimates no opinion, either legal or factual, as
to the ultimate determination warranted in this case.

          N. R. ROBIN
          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).