BVA9507039 
DOCKET NO.  92-22 218     )       DATE
          )
          )

Received from the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma

THE ISSUE

Entitlement to service connection for an acquired psychiatric
disorder.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

J. A. McDonald, Associate Counsel

INTRODUCTION

The veteran served on active duty from September 1982 to December
1984.  This case was previously before the Board of Veterans'
Appeals (hereinafter Board) in July 1993, at which time it was
remanded to the Department of Veterans Affairs Regional Office in
Muskogee, Oklahoma (hereinafter RO) for further development of
the evidence.

REMAND

The Department of Veterans Affairs (hereinafter VA) has a duty to
assist the veteran in the development of facts pertinent to his
claim.  38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a)
(1993).  In a memorandum from the Commander, Coast Guard Group
New Orleans to the veteran dated November 1984, it was noted that
action to discharge the veteran had been initiated based on a
psychiatric evaluation from Tulane Medical Center Hospital and
Clinic dated November 1, 1984.  The Board notes that in its
remand dated July 1993, it was requested that the RO obtain the
records from Tulane Medical Center Hospital and Clinic.  In May
1994, the RO requested said information from Tulane Medical
Center Hospital and Clinic; however, the only record received was
an emergency room record dated August 1984.

The United States Court of Veterans Appeals (hereinafter Court)
has held that the VA has a statutory duty to assist the veteran
in obtaining civilian records.  Murphy v. Derwinski, 1 Vet.App.
78 (1990).  When the VA is put on notice prior to the issuance of
a final decision of the possible existence of certain records and
their relevance, the Board must seek to obtain those records
before proceeding with the appeal.  Murincsak v. Derwinski,
2 Vet.App. 363, 370 (1992).  Furthermore, the Board recognizes
that the RO has made an effort to obtain service medical records
from the National Personnel Records Center (hereinafter NPRC).
However, they did not include a request for clinical records,
specifically those which support the administrative documents
regarding the veteran's discharge, to include clinical records.
In order to fulfill its duty to assist the veteran, these records
must be sought by the RO.  See Dixon v. Derwinski, 3 Vet.App. 261
(1992); VA Adjudication Procedure Manual, Manual M21-1, Paragraph
4.17e (1993).  The Board therefore concludes that another attempt
to obtain this additional information is needed to provide a
record upon which a fair, equitable, and procedurally correct
decision on the veteran's claim for entitlement to service
connection for an acquired psychiatric disorder may be made.

Accordingly, the case is remanded to the RO for the following
action:

1.  The RO should specifically request the
psychiatric examination dated November 1,
1984, from Tulane Medical Center Hospital
and Clinic.

2.  The RO should request NPRC and the
United States Coast Guard to provide all
documents regarding the veteran's
discharge, to include supporting
documents, specifically the psychiatric
examination dated November 1, 1984, from
Tulane Medical Center Hospital and Clinic,
and any other relevant clinical records.

When the above actions have been completed, the case should be
reviewed by the RO.  If the issue on appeal remains denied, a
supplemental statement of the case should be provided to the
veteran and his representative.  After the veteran has been
afforded an adequate opportunity to respond to the supplemental
statement of the case, the case should be returned to the Board
for appellate review.  No action is required by the veteran until
he receives further notice.

          JEFF MARTIN
          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).