BVA9504368 DOCKET NO. 93-12 313 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Wichita, Kansas THE ISSUE Entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. INTRODUCTION The veteran served on active duty from November 1973 to August 1975. This appeal arises from a September 1992, rating decision of the Department of Veterans Affairs (VA) Wichita, Kansas Regional Office (RO). REMAND In this case, a review of the veteran’s service medical records reveals that at her November 1973 enlistment examination she was found to be psychiatrically normal. At separation in July 1975, however, she was found to show evidence of nervousness and anxiety, "mild Rx," and a diagnosis of "nervous demeanor" was entered. Whether "mild Rx" represents mild "treatment," or mild "symptomatology" is unclear. Nevertheless, in view of certain contentions presented in the appellant’s May 14, 1993, letter concerning inservice sexual harassment and an inservice abortion, the Board concludes that further development is in order to ensure that all of the veteran’s service medical records are available for consideration. Further development is also warranted in light of the fact that veteran reports continued psychiatric treatment since her separation from active duty including the receipt of care within one year of separation at a VA Medical Center. In this respect the Board acknowledges that the RO did request pertinent medical records from the VA Medical Center in Kansas City, Missouri. That request, however, only used one of the appellant’s married names, and it did not provide her maiden name. Moreover, it is noted that October 1990 records from the Shawnee Mission Medical Center refer to the appellant’s hospitalization for depression in 1980, and her receipt of outpatient treatment thereafter. These latter record have never been requested, and the information contained therein may be pertinent. The Board next observes that the veteran was, as she requested, scheduled for a hearing by the RO. While she was unable to attend that proceeding, evidently the veteran still desires to present testimony. Accordingly, the RO should schedule the veteran for a formal hearing before a hearing officer at the RO. Finally, the Board notes that the veteran has yet to be afforded a VA compensation examination. Such a study would be of great value to the Board in reviewing the claim presented by the appellant, particularly in light of the psychiatric findings noted at her discharge from active duty. Therefore this case is REMANDED for the following action: 1. The RO should contact the National Personnel Records Center in St. Louis, Missouri, and request that they provide any additional records they may have in their possession concerning the veteran’s abortion in November 1974. In this respect, the Board notes that the source of her admission was the United States Army Hospital in Augsburg, Germany, and that the pregnancy was terminated at Brooke Army Medical Center at Fort Sam Houston, Texas. 2. The RO should contact the veteran and request that she identify the names of all health care providers who have provided treatment for a psychiatric disability since her separation from active duty, as well as the dates of such treatment. In particular, the appellant is requested to identify the provider(s) who treated her for depression in 1980. Following the receipt of the appellant’s response, the RO should undertake appropriate development, and followup any logical leads. 3. The RO should again contact the VA Medical Center in Kansas City, Missouri, and request whether they have any medical records pertaining to their provision of psychiatric care to the veteran between August 1975 and 1980. In this respect, the RO should ask the medical center to review their files under the veteran’s maiden and all of her married names. 4. The RO should schedule a hearing, and provide the appellant with at least thirty days notice of that proceeding. 5. After all of the foregoing development has been completed, and any records received added to the claims file, the RO should schedule the veteran for a VA psychiatric examination to determine the nature and extent of any psychiatric disorder now present. This examination must be conducted in accordance with the VA Physician’s Guide for Disability Evaluation Examinations, and all indicated tests and studies should be accomplished. The claims folder must be made available to and reviewed by the examiner prior to the examination. If a psychiatric disorder is found, the examiner is requested to offer an opinion whether it is at least as likely as not that the diagnosed disability is related to the finding of "anxiety" entered at the appellant’s July 1975 separation examination. 6. Following the completion of the foregoing the RO should review the claims file to ensure that all of the foregoing development has been completed in full. If the development is not fully complete, appropriate corrective action is to be taken. Thereafter, the case should be returned to the Board, if otherwise in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. DEREK R. BROWN 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).