BVA9504304 DOCKET NO. 93-10 356 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Denver, Colorado THE ISSUES 1. Whether there is new and material evidence to reopen a claim for entitlement to service connection for hearing loss. 2. Whether there is new and material evidence to reopen a claim for entitlement to service connection for residuals of a head injury. 3. Entitlement to service connection for gastritis. 4. Entitlement to service connection for chondromalacia, right knee. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD G. Wm. Thompson, Counsel INTRODUCTION The veteran had active service from December 1975 to September 1978. This appeal arises from a September 1991 Department of Veterans Affairs (VA) Denver, Colorado, Regional Office (RO) rating action that found no new and material evidence to reopen a claim for service connection for residuals of head injury and hearing loss, and denied entitlement to service connection for gastritis and chondromalacia of the right knee. An August 1980 rating action denied service connection for a hearing loss and residuals of a head injury. The veteran was notified of these determinations in September 1980 and informed of his right to appeal within one year; he did not appeal. The Board of Veterans' Appeals (the Board) in a decision in July 1990, in effect, denied the veteran's attempt to reopen a claim of entitlement to service connection for residuals of a head injury. The veteran, to reopen a claim for residuals of head injury, submitted in April 1992, a statement from J. Riley, M.D., a psychiatrist. Based on a personal interview and abbreviated service medical records supplied by the veteran, Dr. Riley made an Axis I diagnosis of organic mood disorder, mixed type, (evidence of both irritability and depression) secondary to remote head injury, and an Axis III diagnosis of head injury, remote with consequent neuropsychiatric syndrome. REMAND In Dr. Riley's opinion of March 1992, he noted that objective delineation of the cognitive deficits given in the (veteran's) history may be demonstrated in neuropsychological testing, which is the "gold standard for measuring progress in this disorder." Dr. Riley made no reference to psychological testing of the veteran. The Board notes that in a VA May 1989 consultation sheet it was noted that a request was made for psychological testing. If such testing was performed, it has not been associated with the claims folder. The veteran submitted in support of his claim a copy of a June 1991 Social Security disability award. This record indicates that diagnoses of major depression, anxiety disorder, and organic mental disorder were shown for the veteran. There was also reference to psychological testing by C. Rodriguez, Ph.D., dated March 26, 1990. The Board believes that the medical records relied upon for the Social Security disability award would be useful in this case. This case is remanded for actions as follows: 1. The RO, with the help of the veteran, should attempt to secure all medical records used in the veteran's Social Security disability claim. The Board is especially interested in all psychological test results, and psychiatric reports and evaluations. 2. The RO should determine whether neuro- psychological testing, including MMPI, was accomplished in 1989. If so, the test results should be associated with the veteran's claims folder. The RO also should arrange for the veteran to undergo complete psychological testing by the VA in accordance with the Physician's Guide for Disability Evaluation Examinations. A complete personality profile should be included. 3. The veteran should be permitted to submit or identify any other evidence in support of his claim. Medical evidence or opinion of a relationship between the disabilities at issue and any incidents of the veteran's service would be helpful. Evidence identified should be obtained by the RO. 4. Following completion of the foregoing, arrangements should be made for the veteran to undergo a special psychiatric examination by a panel of VA psychiatrists to ascertain the nature and severity of all psychiatric pathology. The examination should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. If an organic mood disorder is found, the symptoms which support the diagnosis would be specifically itemized. If coexisting psychopathology is also identified, it should be described in detail. In addition, the examiner should be requested to provide an opinion as to the etiology of any organic mood disorder or any other psychiatric impairment demonstrated. The claims folder must be made available to the examiner, and reviewed in advance. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, including if the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. Thereafter, the case should be readjudicated. If the RO finds any issue not to be well grounded, the veteran should be advised of additional evidence necessary to complete his claim. If any benefit sought remains denied, a supplemental statement of the case should be issued, with opportunity to respond. The case then should be returned to the Board for further appellate consideration. The issues of whether there is new and material evidence to reopen a claim for service connection for hearing loss, and entitlement to service connection for gastritis are deferred pending this remand. THOMAS J. DANNAHER 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).