BVA9501316 DOCKET NO. 93-06 217 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Francisco, California THE ISSUES Whether new and material evidence has been submitted to reopen the veteran's claim of entitlement to service connection for an acquired psychiatric disorder, including post traumatic stress disorder. Entitlement to an increased (compensable) evaluation for bilateral hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from July 1969 to December 1972, when he was administratively discharged under honorable conditions. His active service included duty in the Republic of Vietnam. This appeal arises from a July 1990 rating decision which denied the veteran's request to reopen his claim of entitlement to service connection for post traumatic stress disorder and continued a non-compensable disability evaluation for bilateral hearing loss. The veteran's claims file was transferred from the originating agency to the Board of Veterans' Appeals (Board) in March 1993. In April 1993, copies of the veteran's treatment records, including a summary and numerous treatment records covering the veteran's hospitalization from February 1991 to March 1992 at the Department of Veterans Affairs (VA) Medical Center, Palo Alto, California, were received by the originating agency. The records were received at the Board later the same month. These records reflect that the veteran was admitted for treatment of his psychiatric disability. 38 C.F.R. § 20.1304(c) (1993) requires that, where any evidence which has a bearing on an appellate issue is forwarded to the Board by the originating agency, the case be referred to the originating agency for the preparation of a Supplemental Statement of the Case. In addition to the above cited regulation, a recent decision by the Court of Veterans Appeals (Court) necessitates the remand of the veteran's case. The Court, in Glynn v. Brown, 6 Vet.App 523, 528 (1994), determined that the VA must review all of the evidence submitted since the last final denial on the merits of a claim in order to determine whether a claim must be reopened and readjudicated on the merits. In this veteran's case. the last final denial on the merits of his claim for service connection for a psychiatric disability was a November 1974 Board decision. At the time of that decision, post traumatic stress disorder was not yet recognized as a mental disorder. As the veteran is seeking service connection for an acquired psychiatric disorder including post traumatic stress disorder, de novo review of his claim by the originating agency is necessary. The claims folder contains a copy of a summary of hospitalization of the veteran at the VA Hospital, Tuskegee, Alabama in February 1973. While the pertinent final diagnosis was passive-aggressive personality, the summary notes that the veteran had been examined by a psychologist and a psychiatrist and that the latter had indicated that the veteran might be borderline schizophrenic. Pursuant to an August 1981 Board remand decision, efforts were made by the Atlanta, Georgia regional office to obtain the complete clinical records of the February 1973 VA hospitalization, including the records of psychological and psychiatric evaluations. The September 1981 response from the VA Medical Center, Tuskegee, Alabama was that the veteran's original medical file had been sent to the Montgomery, Alabama regional office in June 1974. It would appear that no further attempt was made to locate the February 1973 hospital records. In various references over the years, the veteran has stated he received treatment for psychiatric complaints while still on active duty at Ft. Campbell, Kentucky. In November 1981, the veteran stated that this had occurred during the latter part of 1972. The report of December 1991 VA psychiatric examination notes the veteran stated he had been seen by a psychiatrist at Ft. Campbell and hospitalized there, but that the veteran's service medical records did not include records of such treatment. With regard to post traumatic stress disorder, the veteran has referred to various experiences during his service in Vietnam. Accordingly, the issue of an increased (compensable) evaluation for bilateral hearing loss is deferred and the case is REMANDED to the originating agency for the following action: 1. The regional office should make a further attempt to obtain copies of the veteran's complete clinical records of hospitalization by the VA in February 1973, particularly including the psychological and psychiatric reports. Any records obtained should be associated with the claims folder. 2. The service department should be requested to provide copies of the complete records referable to the veteran's administrative discharge. The service department should also be requested to provide the records of any psychiatric evaluation and clinical records of any hospitalization of the veteran at Ft. Campbell, Kentucky, during 1972, particularly the period from October 1972 through December 1972. 3. The veteran should be requested to provide a listing of the traumatic stressors he experienced during service, with as much specificity as possible. Thereafter, as applicable, such information should be referred to the U.S. Army and Joint Services Environmental Support Group for confirmation of the stressors. 4. Thereafter, the veteran should be given another psychiatric examination by the VA to determine the nature of any psychiatric disorder present. The claims folder should be made available for review. 5. The originating agency should adjudicate the issue of the veteran's entitlement to service connection for a psychiatric disorder including post traumatic stress disorder. 6. If any determination made is unfavorable to the veteran, a supplemental statement of the case that sets forth the evidence considered and provides the reasons for the decision should be provided to the veteran and his representative. They should be afforded the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran unless he receives further notice. The purpose of this REMAND is to afford the veteran due process. JAMES R. ANTHONY 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).