BVA9504885 
DOCKET NO.  92-22 684     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Providence,
Rhode Island

THE ISSUE

Entitlement to service connection for post-traumatic stress
disorder.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

William J. Jefferson, III, Counsel

INTRODUCTION

The veteran had active service from January 1967 to February
1970.

This case comes before the Board of Veterans' Appeals (Board) on
appeal from a rating decision of the Department of Veterans
Affairs (VA) Providence, Rhode Island, Regional Office (RO).

In a March 1992 rating decision, service connection for post-
traumatic stress disorder was denied.  A personal hearing was
held at the RO in July 1992.  A hearing officer at the RO in an
October 1992 determination confirmed the denial of service
connection.

In March 1994, the case was remanded by the Board for additional
development.

                                          REMAND

This is a case where the RO made a documented effort to comply
with March 1994 remand order and the veteran failed to cooperate.
However, in view of some of the information that was available at
the time of the March 1994 remand, and a subsequent decision of
the United States Court of Veteran's Appeals (Court), we are of
the opinion that a further remand is proper.  In so doing, we
note for the record that this in no way implys noncompliance with
earlier remand by the RO.

The veteran had active service from January 1967 until February
1970.  Available records show that he spent one year overseas in
Vietnam.  He arrived in Vietnam on January 28, 1969, and departed
on January 21, 1970.  Service administrative records do not
reflect any awards or decorations denoting direct combat
participation; no retroactive award of the Combat Infantryman
Badge is reported.  The veteran was assigned as an assistant
interrogation officer to the 1st MI Detachment, 1st Infantry
Division, from March 1969 until December 1969.  During his tour
in Vietnam, he participated in the RVN Counteroffensive Campaign
Phase VI and the Tet '69 Counteroffensive Campaign.

The veteran, in a written statement dated in November 1991,
indicates that he was assigned to the base camp of the 3rd
Brigade, 1st Infantry Division, at Quan Loi from March through
September 1969.  The veteran claims that in June 1969 Quan Loi
was overrun by the enemy.  The Board also notes that, in the
veteran's original claim, he indicates that he "engaged in the
battle at Quan Loi in II Corps."  A VA psychiatric report, dated
in February 1992, states that the veteran has moderately severe
post-traumatic stress disorder as a result of his Vietnam
experiences.

In a statement in February 1992, the veteran stated that the
specific attack on Quan Loi occurred from June 6, 1969 to June 9,
1969.

At the time of the March 1994 remand order the Court had decided
Zarycki v. Brown, 6 Vet.App. 91 (1993).  West v. Brown, 7
Vet.App. 70 (1994) had not been decided.  Our reading of these
two cases leads us to undertake additional limited development,
despite the veteran's non cooperation.

The case is remanded for the following action:

(a)  copy of this Remand should be
forwarded to the United States Army and
Joint Services Environmental Support Group
along with any other pertinent information
from the claims folder.  That organization
should be asked to respond to the following
questions:  (a) whether the veterans
participation in the RVN Counteroffensive
Campaign Phase VI and the Tet 69
Counteroffensive Campaign establish that he
engaged in combat with the enemy.  (b)
whether the base camp of the 3rd Brigade,
1st Infantry Division, at Quan Loi was
overrun by the enemy in June 1969,
particularly from June 6, 1969 to June 9,
1969.

After completion of the above actions, the agency of original
jurisdiction should review the veteran's claim with regard to the
additional evidence obtained.  If the decision remains
unfavorable to the veteran, both he and his representative should
be issued an appropriate supplemental statement of the case.  The
case should then be returned to the Board for further appellate
review.  The purpose of this REMAND is to comply with precedent
decisions of the Court.
.

          BRUCE E. HYMAN
          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) (1994).