BVA9508416 DOCKET NO. 92-12 594 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to service connection for a psychiatric disorder to include post-traumatic stress disorder. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Andrew Ahlberg, Associate Counsel REMAND The veteran had active duty from February 1966 to February 1969. This case was denied by the Board of Veterans' Appeals (hereinafter Board) in a February 1993 decision. The veteran appealed the Board's denial to the United States Court of Veterans Appeals (hereinafter Court). In a November 1994 ruling, the Court vacated the Board's decision and granted a joint motion for remand. [citation redacted]. In order to accomplish the development requested in the joint motion for remand and to ensure that the Board meets its duty to assist the veteran in developing the facts pertinent to his claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should contact the veteran for a specific listing of stressful incidents he had during service which form the basis of his claim for service connection for post- traumatic stress disorder. Specific dates and locations of the claimed stressors should be provided; specific information is required for verification of claimed stressors. The RO is to forward this information to the U.S. Army and Joint Services Environmental Support Group (ESG), 7798 Cissna Road, Springfield, Virginia, 22150, in order to determine whether the veteran may have been engaged in combat or exposed to the stresses of combat. In this regard, the veteran's service personnel records indicate that he served as a mechanic with Companies B and C of the 92d Engineering Battalion in Vietnam between May 1967 and October 1967 and with the 41st Engineering Company from October 1967 to April 1968. 2. Any additional VA or private treatment records pertaining to treatment of a psychiatric disorder or disorders that are not already of record should be obtained. Information concerning sources of such treatment may be requested from the veteran. The RO should obtain copies of clinical records of treatment, not merely a summary statement, from James E. Althof, Ph.D., P.O. Box 910, Gallipolis, Ohio 45631-0910. 3. After the development above has been completed, the veteran is to be afforded an examination by a board of 3 psychiatrists who have not previously examined the veteran. All indicated tests should be performed and all clinical findings should be reported in detail. The claims file must be made available to the examiners for review prior to the examination. This examination must include a review of the entire clinical history contained in the claims file. If post-traumatic stress disorder is diagnosed, the examiners are to specifically identify the stressors upon which such a diagnosis is based. In this regard, the examiners are directed to consider the results obtained from the ESG in determining the reliability of any in- service stressors claimed by the veteran. Any psychiatric disorders other than post- traumatic stress disorder should also be identified. Following completion of the requested development, the RO should review the evidence and determine whether the veteran's claim may be granted. If this claim is denied, the veteran and his representative should be issued a supplemental statement of the case, to include citations to the relevant laws and regulations as needed, and the case should be returned to the Board for further appellate review. The purpose of this REMAND is to assist the veteran in the development of his appeal, and the Board does not intimate an opinion, either legal or factual, as to the ultimate disposition warranted in this case. No action is required of the veteran until he is notified. HOLLY E. MOEHLMANN 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) (1994).