BVA9501670 
DOCKET NO.  92-04 488     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Detroit,
Michigan

THE ISSUE

Entitlement to service connection for a psychiatric disorder as
secondary to service-connected tinnitus.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Richard F. Williams, Counsel

INTRODUCTION

The veteran served on active duty from June 1973 to July 1980.

In an August 1991 decision, the Department of Veterans Affairs
(VA) Regional Office (RO) in Detroit, Michigan, denied the
veteran's claim for direct service connection for a psychiatric
disability, including a generalized anxiety disorder and post-
traumatic stress disorder (PTSD).  The veteran appealed to the
Board of Veterans' Appeals (Board).  In an April 1993 decision,
the Board denied the claim.  The veteran then appealed to the
United States Court of Veterans Appeals (Court).

In a memorandum decision dated August 25, 1994 (with judgment
entered September 14, 1994), the Court affirmed the Board's
decision denying direct service connection for a psychiatric
disability, including a generalized anxiety disorder and PTSD.
Hence, that issue is no longer before the VA.  However, the Court
found that further VA adjudication on an implied claim was
required, and that matter was remanded by the Court.

After the Court issued its decision, the Board clarified the
identity of the veteran's representative, and in January 1995
that representative, Disabled American Veterans, submitted
written argument to the Board.

REMAND

Copies of the August 1994 Court decision and September 1994
judgment have been placed in the veteran's claims folder.  In
relevant part, the Court found that there was an implied claim
for service connection for a psychiatric disorder (including
anxiety) as secondary to the veteran's service-connected
tinnitus.  Further action on the implied claim of secondary
service connection is required by the RO, and thus the case is
REMANDED for the following action:

1.  The RO should have the veteran undergo
a special VA ear, nose and throat (ENT)
examination to determine the nature and
severity of his service-connected tinnitus.
The claims folder must be provided to and
reviewed by the examiner.

2.  After the report of the ENT examination
is added to the file, the veteran should
undergo a VA psychiatric examination.  The
claims folder must be provided to and
reviewed by the psychiatrist.  All
indicated studies should be performed, and
all psychiatric disorders should be
diagnosed.  After the historical records
and examination findings are reviewed, the
psychiatrist should provide a written
opinion on whether or not the veteran has a
chronic psychiatric disorder, such as an
anxiety disorder, which was medically
caused by his service-connected tinnitus.
The rationale for the medical opinion
should be set forth in detail.

3.  Thereafter, the RO should adjudicate
the claim for service connection for a
psychiatric disorder as secondary to
service-connected tinnitus.  If the claim
is denied, the veteran and his
representative should be informed and given
an opportunity to appeal in accordance with
38 U.S.C.A. § 7105 (West 1991).

Should the veteran properly appeal an adverse RO decision on the
secondary service connection claim, the case should be sent to
the Board for appellate review.

          L. W. TOBIN
          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) (1993).