BVA9500658 DOCKET NO. 93-06 510 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES Entitlement to service connection for the cause of the veteran's death. Entitlement to service connection for post-traumatic stress disorder (PTSD), for accrued benefits purposes. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD R. K. ErkenBrack, Counsel INTRODUCTION The appellant was informed by letter from the regional office (RO) in December 1992 that a claim for service connection based on Agent Orange exposure, for accrued benefits purposes, had been deferred pending legislation. Department of Veterans Affairs (VA) regulations have since been revised, and claims based on Agent Orange exposure can now be adjudicated. In this case, it appears that a claim based on Agent Orange exposure has been pending since 1986. The RO's attention is directed to this matter. REMAND The veteran, who had active duty from November 1964 to November 1967, died in May 1991. He had served in the Republic of Vietnam. His decorations included the Combat Infantryman Badge. The death certificate shows that he died from staphylococcal sepsis due to pneumonia and pulmonary edema. An autopsy was performed but the complete records thereof are not on file. Service connection was in effect for no disability during the veteran's lifetime. A claim for service-connection for PTSD was pending when he died. A VA Chief of Medical Services addressed the cause of the veteran's death in an April 1992 opinion. Here it was expressed that he probably developed urinary sepsis that set in motion the medical complication that caused his death. The appellant claims that service connection should have been in effect for PTSD and medication for this condition was a contributory cause of death. In the April 1992 opinion, it was stated that the drugs the veteran was taking for his psychiatric condition could have caused urinary retention. The probable sequence of events leading to death were urinary retention, sepsis, shock, "ARDS," arrhythmia, and emesis with aspiration. The appellant's representative feels that the entire terminal hospital records should be obtained in support of the diagnosis of PTSD and medication given therefor being a contributory cause of death. The available clinical records indicate that the veteran had received treatment for neuropsychiatric dysfunction, variously diagnosed, since July 1968. The various diagnoses included sociopathic personality disturbance, anti-social reaction, alcohol/drug abuse, anxiety neurosis, PTSD, and organic mood disorder. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. With the appellant's written authorization for the release of medical records, where needed, the RO should obtain the complete hospital and outpatient treatment records of the veteran from Galesburg State Research Hospital, Galesburg, IL 61401, dated from July 1968 to February 1970; VA Medical Center (MC), Chicago-West Side, IL; VAMC, Kansas City, MO; VAMC and Domiciliary, Temple, TX; VA Outpatient Clinic (OPC), Tulsa, OK; VAMC, Oklahoma City, OK; Oklahoma Veteran Center, P.O. Box 1209, Clinton, OK, 73601; VAMC, Muskogee, OK; VAMC, Danville, IL; VAOPC, Peoria, IL; VAMC, Fayetteville, AR; and VAMC, N. Little Rock Division (NLRD) and Little Rock Division (LRD), to include the complete terminal hospital records and autopsy protocol records. 2. Thereafter, the RO should review the claims. If the benefits sought are not granted, the appellant and her representative should be furnished a supplemental statement of the case which considers all of the evidence added to the record since the statement of the case issued in October 1991, and, in addition, which includes the criteria pertinent to accrued benefits claims and to the PTSD claim, to include 38 C.F.R. § 3.304(f). 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 otherwise notified. NANCY I. PHILLIPS 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).