BVA9500942 DOCKET NO. 93-07 852 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel REMAND The veteran had active service from January 1965 to December 1967, from November 1971 to November 1974, and from October 1986 to September 1988. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 1992 rating decision by the Department of Veterans Affairs (VA) Regional Office in Montgomery, Alabama (RO). It is contended that the veteran has a psychiatric disability which is the result of and was first manifested during his active service. In the veteran's substantive appeal, he states that he began to receive mental health care from the VA in September 1991, but that the decision by the RO indicated that it only considered evidence through September 1991. The veteran stated that he continued to receive treatment after that, in 1992, and upon informing the individual at the VA who was providing him mental health care that service connection for his depression had been denied, the individual immediately made inclusions in his record which the veteran assumes dispute those findings. The veteran has stated that the VA individual treating him has told him that he is manic-depressive. The veteran has requested that VA records relating to his treatment during 1992 be considered in this determination. Those records have not been associated with the claims folder. Service medical records reflect that in June 1988 the veteran was seen with complaints of having speech difficulties over the prior week. The impression included episodes of speech decrease, mostly secondary to functional disorder and anxiety nervousness and long-term anxiety, nervousness, sleep disorder, and probably mixed depression. September 1988 service medical records include assessments of situational anxiety and high anxiety. On the basis of the above, the case is REMANDED to the RO for the following: 1. The RO should contact the veteran and inquire as to the providers of his mental health care from September 1991 until the present. The RO should contact the health care provider(s) identified and request copies of all medical records relating to the veteran's mental health care from September 1991 until the present. Copies of all VA mental health treatment records dated since September 1991 should also be obtained. 2. Thereafter, the veteran should be scheduled for a VA psychiatric examination to determine the nature and extent of any psychiatric disability. All necessary tests and studies should be accomplished, and all clinical manifestations should be reported in detail. The examiner should offer an opinions as to the likelihood that any current psuchiatric pathology is related to the condition noted in service. The claims file must be made available to the examiner prior to the examination for their review. Following completion of the above, the RO should review the evidence and readjudicate the veteran's claim. Thereafter, if appropriate, the veteran and his representative should be furnished with a supplemental statement of the case and be given the appropriate opportunity to respond thereto. Thereafter, the claims file, including any evidence obtained, should be returned to this Board for further appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to procure clarifying data. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. WAYNE M. BRAEUER 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).