BVA9504529 DOCKET NO. 87-02 635 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for psychiatric disability. ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel INTRODUCTION The veteran served on active duty from June 1978 to May 1981. This appeal comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision by the Department of Veteran's Affairs (VA) Regional Office (RO) in Chicago, Illinois. Subsequently, the veteran's file was transferred to the Los Angeles, California, Regional Office (RO) which maintains original jurisdiction in this case. In July 1987, the Board remanded the veteran's case to the RO for additional development. Unfortunately, while the case was at the RO, the claims file was lost. A rebuilt claims folder has been returned to the Board. REMAND In the July 1987 remand, the Board noted that the veteran claimed treatment in service for psychiatric problems, and treatment at the Mid-South Mental Health Center in 1981, and at the Mercy Hospital in 1982. The only service medical record reported to be in the claims folder was the veteran's entrance examination report. Also reported to be of record was a statement from a representative of the Mid-South Mental Health Center stating that the veteran had received treatment in 1985. A VA hospital summary was noted to show treatment for psychiatric disability in 1986 and reference to hospitalization at a Texas VA facility one month earlier for psychiatric treatment. The Board requested the RO to make another attempt to obtain the veteran's service medical records, and to obtain records from Mercy Hospital in Chicago, Illinois, the Mid-South Mental Health Center in Chicago, Illinois and the VA facility in Houston, Texas. An effort was made to obtain the service medical records, and a duplicate copy of the veteran's service entrance examination was received, however, the other records requested were apparently obtained and subsequently lost. In November 1993, the RO received a Congressional inquiry regarding the veteran's claim. Included with that correspondence was a constituent assistance form filled out by the veteran, dated in October 1993, in which he reported that in 1985, he filed a claim with the Social Security Administration (SSA). Efforts to secure these records have not been made. The Board notes that the veteran, through his congressman, has inquired concerning the status of his claim in 1993 and 1994. His address is noted on this correspondence to be the same as that listed by the VA, however some mail sent to him at that address has been returned as undeliverable, including a January 1995 letter from the Board requesting that he sign the appropriate documents necessary to designate a service organization to represent him in this appeal. Other documents appear to have been delivered to the veteran, including a June 1994 letter regarding a VA rating decision, and a June 1994 Supplemental Statement of the Case. The Board is aware of its heightened duty to assist the veteran when his records are incomplete. O'Hare v. Derwinski, 1 Vet.App. 365 (1991). The United States Court of Veterans Appeals has held that when a veteran's service medical records are lost or destroyed, VA has a duty to advise the veteran of alternative methods to assist him in supporting his claim. Garelo v. Derwinski, 2 Vet.App. 619 (1992); Dixon v. Derwinski, 3 Vet.App. 261 (1992). Although the case was previously remanded by the Board, it must be noted that the United States Court of Veterans Appeals in a number of cases has determined that where the record before the Board is inadequate, a remand is mandatory rather than permissive. Sanders v. Derwinski, 1 Vet.App. 88 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). The Board has determined on review that additional development is necessary. In view of the foregoing, the case is hereby REMANDED to the RO for the following development: 1. The RO should contact the veteran by telephone to verify his correct address for the record. His telephone number was provided by him on his October 1993 statement submitted by his congressional representative. 2. Then, the RO should inform the veteran at his correct address, of alternative sources of evidence that he may submit in support of his claim. Sufficient time should be allowed for the veteran to provide any additional evidence for consideration. 3. The RO should contact the veteran and request that he identify the names, addresses and approximate dates of treatment for all VA and non-VA health care providers who have treated him for psychiatric disability at any time since service. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran, including any pertinent VA outpatient treatment records and any pertinent records concerning the veteran's treatment at the Mercy Hospital beginning in 1982 and the Mid-South Mental Health Center beginning in 1981. 4. The RO should ascertain whether the veteran did, in fact, file a claim for disability benefits from the SSA, and, if so, whether it was granted. If it was, a copy of the decision, together with all supporting medical documents, should be secured and added to the claims folder. 5. Thereafter, the veteran should be afforded a VA examination by a board certified psychiatrist, if available, to determine the current manifestations of any psychiatric disability found. All indicated studies should be performed. The claims folder should be made available to the examiner for review prior to the examination. 6. Then, the RO should undertake any other indicated development and readjudicate the issue of entitlement to service connection for psychiatric disability. If the benefit sought on appeal is not granted to the satisfaction of the veteran, a Supplemental Statement of the Case should be issued, and the veteran and his representative, should he appoint one, provided an opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. ROBERT E. SULLIVAN 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).