BVA9502368 DOCKET NO. 92-03 648 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Whether new and material evidence has been submitted to reopen a claim of 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 The veteran ATTORNEY FOR THE BOARD J. T. Hutcheson, Associate Counsel REMAND The veteran had active military service from February 1970 to November 1971. This matter came before the Board of Veterans' Appeals (hereinafter "the Board") on appeal from a May 1990 rating decision of the St. Petersburg, Florida Regional Office (hereinafter "the RO") which determined that new and material evidence had not been submitted to reopen the veteran's claim of entitlement to service connection for post-traumatic stress disorder. In January 1993, the Board remanded this appeal to the RO for further development of the record which included (1) attempting to obtain additional service medical records from the National Personnel Record Center and the United States Department of the Army; (2) obtaining VA clinical documentation reflecting treatment after October 4, 1990; and (3) affording the veteran a psychiatric examination by a board of two VA psychiatrists. Additional VA treatment records were incorporated into the record. In February 1993, the veteran underwent a psychiatric examination conducted by one VA psychiatrist. The veteran has been represented throughout this appeal by the Veterans of Foreign Wars of the United States. In its May 1994 written argument and November 1994 written presentation, the accredited representative advances that the RO failed to fully comply with the instructions set forth in the Board's January 1993 remand and requests that this appeal be again remanded to the RO so that the veteran may be afforded a psychiatric examination by a board of two VA psychiatrists. In reviewing the record, the Board observes that the RO indeed failed to comply with the instructions set forth in the January 1993 remand by not scheduling the veteran for a psychiatric evaluation conducted by a board of two VA psychiatrists. Additionally, the claims file contains no documentation indicating whether additional service medical records have been requested from either the National Personnel Record Center or the United States Department of the Army. Accordingly, the veteran's appeal is again REMANDED for the following action: 1. The RO should contact the National Personnel Records Center and the United States Department of the Army and request that all available service medical records be forwarded for incorporation into the record. 2. The RO should then schedule the veteran for a psychiatric examination conducted by a board of two VA psychiatrists in order to determine the current nature and severity of his psychiatric disability. The examination should be conducted in accordance with the Physician's Guide to Disability Evaluation Examinations. All indicated tests and studies should be accomplished and the findings then reported in detail. The examiners should address whether the veteran suffers from post-traumatic stress disorder. If a diagnosis of post-traumatic stress disorder is advanced, the examiners should identify the specific psychosocial stressors supporting it. The claims folder should be made available to the examiners prior to the examination. When the requested action has been completed, and if his claim continues to be denied, the veteran should be afforded a reasonable period of time in which to respond to a supplemental statement of the case. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration if appropriate. The veteran need not take any action unless he is further informed. The purpose of this REMAND is to allow for further development of the record. No inference should be drawn from it regarding the final disposition of the veteran's claim. JEFF MARTIN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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 is appealable to the Court. 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).