BVA9502999 
DOCKET NO.  93-13 225     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

THE ISSUE

Whether new and material evidence has been submitted to reopen a
claim of entitlement to service connection for an acquired
psychiatric disorder.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had active duty from March 1951 to February 1953.
This appeal arises from a February 1993 rating decision of the
Montgomery, Alabama, regional office (RO).  In that decision,
service connection for a "nervous condition" was denied on the
basis that new and material evidence had not been submitted to
reopen the previously denied claim.

Although the RO received information that potentially relevant
medical records were not available within the VA system for the
period from February 1952 to August 1956, the appellant in his
notice of disagreement and substantive appeal alleged that there
were material records in the possession of Federal Archives, and
he requested the assistance of the Department of Veterans Affairs
(VA) in obtaining the records in support of his appeal.

To ensure that VA has met its duty to assist the claimant in
developing evidence which is alleged to be in the possession of
the Government and which might be pertinent to reopening the
claim, the case is REMANDED to the RO for the following
development:

The RO should attempt to obtain medical
records pertaining to purported
hospitalization of the appellant for a
psychiatric disorder at the Tuscaloosa,
Alabama, VA medical facility either prior
to or on or about March 1956 from the
Federal Archives and Record Center, 1157
St. Joseph Avenue, East Point, Georgia
30344 under the box and accession number he
has reported.  Any pertinent records should
be associated with the claims folder.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If the
benefit sought on appeal remains denied, the appellant and
representative should be furnished a supplemental statement of
the case and given the applicable opportunity to reply.
Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action unless he is
notified by the RO.

          CHARLES E. HOGEBOOM
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).