BVA9503208 DOCKET NO. 92-06 132 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES Entitlement to service connection for an acquired psychiatric disorder secondary to a service connected disorder. Entitlement to service connection for the residuals of a total abdominal hysterectomy. Entitlement to service connection for the residuals of right salpingo-oophorectomy. Entitlement to service connection for vaginitis. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The veteran and her spouse ATTORNEY FOR THE BOARD J. L. Prichard, Associate Counsel REMAND The veteran had active service from May 1975 to November 1977. The veteran contends that she has developed a psychiatric disorder secondary to her service-connected hydrocephalus. In addition, she contends that the gynecological disorders for which she seeks service connection had their origins in active service. The Board of Veterans Appeals (Board) notes that this case was previously remanded in February 1993. The purpose of this remand was to assist the veteran in the development of her claims by affording her psychiatric and gynecological examinations. The examinations were scheduled, but the veteran refused to report to the Lake City, Florida, Department of Veterans Affairs Medical Center (VAMC) where they were to be conducted. These examinations were not completed before the case was returned to the Board. A June 1993 statement from the veteran notes that she is willing to report for the medical examinations requested by the February 1993 remand. However, she states that she is unable to report to the Lake City, Florida, VAMC for the examinations. She notes that she was involved in a motor vehicle accident in which she sustained serious injuries following her one and only visit to this facility. She maintains that this accident left her traumatized, and unable to return to Lake City. She request that her examinations be conducted at Department of Veterans Affairs (VA) facilities in either Jacksonville, Florida, or Gainsville, Florida. Both the veteran's local representative and national representative have requested in their written statements that this case again be remanded in order to complete the previously scheduled examinations. They argue that the VA has the ability to schedule the requested examinations at either of the requested locations. The Board notes that it has the duty to assist the veteran in the development of all facts pertinent to her claim. 38 U.S.C.A. § 5107 (West 1991). Therefore, in order to assist the veteran in the development of her claim, the Board finds that it must remand this case for the following development: 1. The regional office (RO) should request the names and addresses of all facilities from which the veteran has received treatment for her claimed disabilities since August 1993 to the present. After receiving the necessary permission from the veteran, these records should be obtained and placed in the claims folder. 2. The RO should schedule the veteran for a VA psychiatric examination in order to ascertain the nature and severity of any acquired psychiatric disorder which may exist. Additionally, the appellant should undergo a VA neurological examination. The examiners should be requested to comment on the etiology of any acquired psychiatric disorder(s) found to be present. The RO should make every reasonable attempt to accommodate the veteran as to the location of the examinations. The claims folder should be made available to the examiners prior to the examinations for use in the study of this case. 3. The RO should schedule the veteran for a VA gynecological examination for the purpose of evaluating her gynecological disabilities. The examiner should be requested to render an opinion as to the etiology of the appellant's current gynecological disabilities, and whether the gynecological treatments in service indicated chronic gynecological disability that could be reasonably associated with current gynecological disabilities. The RO should make every reasonable attempt to accommodate the veteran as to the location of the examination. The claims folder should be made available to the examiner prior to the examination for use in the study of this case. Following completion of these developments, the RO should review the veteran's claims on the basis of the additional evidence. If the decision remains unfavorable to the veteran, both she and her representative should be issued an appropriate supplemental statement of the case. The case should then be returned to the Board for further appellate review. The purpose of this remand is to assist the veteran in the development of her claim, and the Board does not intimate any opinion, either legal or factual, as to the ultimate disposition warranted in this case. J. U. JOHNSON 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).