BVA9505147 DOCKET NO. 91-42 276 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder (PTSD). 2. Entitlement to service connection for a left hip disability. 3. Entitlement to service connection for generalized arthritis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARINGS ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty from September 1966 to September 1969. This case was remanded in November 1992 by the Board of Veterans' Appeals (Board) to the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida for additional development, to include examination by a board of two psychiatrists. The remand actions have been completed, and the case is again before the Board for adjudication. REMAND A review of the evidence shows that, when examined for separation in April 1969, the veteran reported having frequent or terrifying nightmares and depression or excessive worry. There were no abnormal psychiatric findings. The evidence reveals that the veteran apparently began complaining of PTSD manifestations in approximately 1980 when seen at VA medical facilities. When examined by VA in June 1988, a diagnosis of PTSD was rendered. Prior to this time, in January 1988, a VA psychologist reported severe PTSD. Since that time up to approximately 1992, VA psychologists and/or physicians have made diagnoses of PTSD. In a June 1989 VA mental health clinic report, it was noted that the veteran's PTSD had previously been overshadowed by a personality disorder and had produced error in diagnosis since pre-1980. In December 1990 aVA psychologist related that a review by the clinical staff revealed evidence sufficient to support a PTSD diagnosis. When examined by VA in May 1993, per remand of November 1992, A VA social worker reported an impression of PTSD and recommended additional review of the veteran's prior records. A VA psychology intern indicated a finding essentially of no "frank, post-traumatic disorder per se." She did not enter a PTSD diagnosis. A VA physician did not make a PTSD diagnosis and further commented that the veteran did not have PTSD. The examiner noted that the report represented a board, including Dr. Mhatre. Any comments or separate examinations report by Dr. Mhatre, if made, are not of record. Additionally, the Board notes that the veteran claimed in the May 1993 Social and Industrial Survey that he had been awarded the Bronze Star for his service in Vietnam, although it is not listed as having been awarded on his DD Form 214. Because the Board concludes that further development is necessary, including reconciliation of diagnoses, prior to final disposition of this case, the case is REMANDED to the RO for the following actions: 1. The veteran should be permitted to submit any additional evidence that is pertinent to the issues on appeal. He should be requested to provide the name, address, and dates of treatment of any physician or facility, including the VA, that has treated him for any of the disabilities at issue since June 1993. Any medical provider identified should be asked for copies of the veteran's clinical records not currently on file. Any records obtained should be associated with the claims folder. The veteran should be asked to sign any necessary consent forms for release of his private medical records. 2. The veteran should be contacted and requested to submit a copy of the citation for his Bronze Star and to provide the full name, or as much of the name as can be provided, as well as the date of the incident and any additional information that can be provided, of the friend in service who reportedly was killed by an antitank mine after they traded driving assignments. He should also be asked to provide any information not previously reported, in as much detail as possible, on any other possible service stressor, such as the incident in which he reportedly saw a tank after it had been blown up and the tank crew was lying on the ground. 3. If the veteran is able to provide information on the identity of the friend noted above, or specific information on another stressor, this information, together with a copy of the veteran's service personnel records and this REMAND, should be forwarded to the United States Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Suite 101, Springfield, Virginia 22150- 3197, for verification of the incident in question. 4. After the above have been completed, the claims file must be reviewed by a board of two psychiatrists to reconcile the different psychiatric diagnoses on file, since PTSD was diagnosed by a VA psychologist and/or physician since 1988, by the veteran's VA treating psychologist, and on a May 1993 VA Social and Industrial Survey. Any comments and/or examination reports developed by a Dr. Mhatre during the May 1993 examination should be obtained and associated with the file. Specifically, if it is concluded after review of the claims file that the veteran does have PTSD, the relevant stressors should be described in as much detail as possible; if it is determined that the veteran does not have PTSD, an opinion should be provided as to why the prior diagnoses of PTSD are incorrect. After the above actions, the case should again be reviewed by the RO, in light of the United States Court of Veterans Appeals decision in Zarycki v. Brown, 6 Vet.App. 91 (1993). If the benefits sought on appeal are not granted to the veteran's satisfaction, a supplemental statement of the case should be issued to the veteran and his representative and they should be given an opportunity to respond. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until he is otherwise notified. The issues of entitlement to service connection for a left hip disorder and generalized arthritis are held in abeyance until completion of the above. F. JUDGE FLOWERS 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).