BVA9504257 
DOCKET NO.  93-26 324     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Entitlement to service connection for psychiatric disability.

ATTORNEY FOR THE BOARD

Michael P. Vander Meer, Associate Counsel

INTRODUCTION

The veteran served on active duty from November 1971 to November
1973.

This case is before the Board of Veterans' Appeals (Board) on
appeal from a May 1992 rating decision of the Department of
Veterans Affairs (VA) Regional Office in Boston, Massachusetts.
Subsequently, the veteran's claims folder was transferred to the
VA Regional Office (RO) in Cleveland, Ohio, as the veteran was
then residing in that state.

It is noted that entitlement to service connection for
psychiatric disability was denied by the RO in October 1987.
However, the file does not reflect that the veteran was notified
of that denial.  Accordingly, the veteran's current claim for
service connection for psychiatric disability will be addressed
on a de novo basis.

REMAND

The file reflects that in May 1992 the veteran executed a Power
of Attorney, VA Form 23-22, in favor of Massachusetts Veterans
Services.  However, in response to the RO's May 1992 denial of
service connection for psychiatric disability, referred to above,
a notice of disagreement was received on the veteran's behalf in
January 1993 from the Disabled American Veterans.  Thereafter,
following the veteran's relocation to Ohio, his claims folder was
transferred, apparently in August 1993, to the RO in Cleveland,
Ohio.  Since the veteran has not indicated a desire to continue
to be represented by Massachusetts Veterans Services, and
inasmuch as he has not executed a Power of Attorney, VA Form 23-
22, in favor of the Disabled American Veterans, the veteran is
currently without valid representation.  Further development to
clarify this matter is, therefore, specified below.

It is also noted that the veteran was apparently treated for
psychiatric disability in late 1987 at the Brecksville Division
of the VA Medical Center in Cleveland, Ohio.  However, inasmuch
as any clinical reports that may have been prepared in
conjunction with such treatment are not of record, further
development in this regard is also specified below.

Accordingly, the case is REMANDED for the following:

1.  The RO should provide the veteran with
a Power of Attorney, VA Form 23-22, and
advise him of his opportunity to execute
the same in favor of any representative he
may prefer to represent him in his appeal;
if the veteran executes the Power of
Attorney, it should be thereafter
associated with the claims folder.  Any
designated representative should be
afforded full opportunity to review the
entire claims folder and make arguments on
the veteran's behalf.

2.  The RO should contact the veteran and
request that he identify the names,
addresses and approximates dates of
treatment for any health care provider(s),
to include any VA medical facility other
than the VA Medical Center in Bedford,
Massachusetts, who may possess additional
records pertinent to his claim.
Thereafter, in light of the response
received and after obtaining any necessary
authorization, the RO should take
appropriate action to obtain copies of any
clinical records indicated.  In any event,
the RO should obtain copies of any clinical
reports that may have been prepared in
conjunction with the veteran's treatment in
late 1987 at the Brecksville Division of
the VA Medical Center in Cleveland, Ohio;
and copies of any records pertaining to
treatment rendered the veteran since
October 1991 at the VA Medical Center in
Bedford, Massachusetts.

3.  Then, after undertaking any development
deemed necessary in addition to that
specified above, the RO should readjudicate
the issue on appeal on a de novo basis.

4.  If the benefit sought on appeal is not
granted to the veteran's satisfaction, the
veteran and his representative, if any,
should be provided with a complete
Supplemental Statement of the Case and give
full opportunity to respond thereto.

Thereafter, the case should be returned to the Board for further
appellate consideration, if otherwise in order.  In taking this
action, the Board implies no conclusion, either legal or factual,
as to the ultimate outcome.  No action is required of the veteran
until he is notified.

          J. J. SCHULE
          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).