BVA9508173 DOCKET NO. 93-08 210 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for a psychiatric disorder to include post-traumatic stress disorder. 2. Whether new and material evidence has been received to reopen a claim for service connection for diabetes mellitus. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel REMAND The veteran had active duty from March 1972 to March 1974. A March 1986 Board of Veterans' Appeals (Board) decision denied service connection for diabetes mellitus. At his personal hearing in October 1992, the veteran testified that he was first told he was a borderline diabetic at Jefferson Barracks VA Medical Center in St. Louis County in 1974. (transcript of hearing at page 1 or t. 1.) It is noted that in August 1984, in his original claim, he stated that he was treated for diabetes at Jefferson Barracks VA treatment from January to April 1976, from December 1976 to February 1977, and in August 1983. VA treatment records for these dates at this location have not been sought. The veteran also testified that about 2 weeks after discharge, he was told at Firmin Desloge Hospital that he had sugar in his urine. (t. 1.) Records dated in April 1974 of the Firmin Desloge Hospital of the St. Louis University Hospitals have been received; however, the only records requested were laboratory information including urinalysis information. The veteran has provided statements indicating that he believes he has post-traumatic stress disorder in part as a result of the stressor of his brother being killed in Vietnam. However, at a September 1990 VA psychiatric examination, he gave a pertinent history of having seen a psychiatrist as a child after his only brother was killed in Vietnam. A review of the claims folder reflects that the veteran's entrance and discharge under Chapter 13 physical examinations are on file. There are no clinical service medical records. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claims and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for a psychiatric disorder prior to service. After securing the necessary release(s), the RO should also obtain these records and associate them with the claims folder. 2. The RO should also obtain the complete pertinent records of the Firmin Desloge Hospital in 1974. These records should be associated with the claims folder. 3. The RO should request that service department obtain any service clinical records for the veteran. In addition, the service department should provide copies of any records pertaining to the veteran's discharge under Chapter 13. Any associated medical records should be obtained. 4. The RO should obtain and associate with the claims folder the pertinent records of treatment at the VA Jefferson Barracks facility in 1974, from January to April 1976, from December 1976 to February 1977, and in August 1983. 5. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. 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 until otherwise notified. V. L. JORDAN 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).