BVA9503539 
DOCKET NO.  93-06 439     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Paul,
Minnesota

THE ISSUES

1.  Entitlement to service connection for a psychiatric disorder,
for the purpose of establishing accrued benefits.

2.  Entitlement to service connection for the cause of the
veteran's death.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

T. Hal Smith, Counsel

INTRODUCTION

The veteran served on active duty from November 1982 to October
1986.  This appeal arises from rating decisions of the Department
of Veterans Affairs (VA) Regional Office (RO) in St. Paul,
Minnesota.

During the veteran's lifetime, service connection was established
for fracture of the right distal radius, right pes planus, and
dysplastic nevus of the back.  Noncompensable ratings were in
effect for each of these disorders.

REMAND

It is contended that the RO erred when it denied service
connection for a psychiatric disorder and for the cause of the
veteran's death.  Specifically, it is asserted that the veteran's
psychiatric complaints were misdiagnosed as a personality
disorder during service.  It is argued that inservice psychiatric
complaints were actually the onset of the veteran's bipolar
disorder which ultimately casued his death in that he committed
suicide.  It is pointed out that the service medical records show
that the veteran attempted suicide on at least one occasion.

The evidence of record shows that the veteran denied any history
of emotional problems when he was examined in August 1982, just
prior to his enlistment in the Navy.  In July 1983, he gave a
seven week history of depression, suicidal thoughts and being
bothered by his comrades calling him names.  He feared
prosecution for

withholding information regarding his psychiatric treatment in
December 1981 and January 1982,  just prior to entry into
service.  A mixed personality disorder was diagnosed with
emotional lability, periods of unmotivated sadness, suicidal
gesture with ideation and easy suggestibility.  Due to the
unusual stress incident to submarine service, it was recommended
that he be removed from such duty.  In January-February 1985, he
was seen for paranoia and depression, and it was noted that he
was a suicidal risk.  The diagnosis was schizotypal personality
disorder with decompensation and stabilization and borderline
intellectual functioning.  Findings were essentially the same
when he was examined in April 1985 when he was recompensated.  No
psychosis or neurosis was diagnosed during service, but post
service VA records show that the diagnosis of bipolar affective
disorder was noted in 1988, approximately 1 year and 3 months
after separation.  It was noted that the veteran gave a vague
history of prior psychiatric treatment on an outpatient basis at
"St. Paul Ramsey" in 1981 for "manic depression."  These
treatment records are not included in the claims file.

In 1990, a severe, mood congruent bipolar mood disorder with
psychiatric features was diagnosed.  In 1991, a worsening bipolar
affective disorder and depression were reported.  In a September
1992 statement, it was opined by a VA psychologist and
psychiatrist from the VA Medical Center in Minneapolis,
Minnesota, that a review of the medical records from that
facility showed that the veteran was displaying poor judgment and
at least in the beginning stages of a serious psychosis in
December 1991.  It is not apparent from the record if all of
these mental health treatment records from this VA facility are
of record.  He committed suicide in January 1992.

As indicated above, some medical records regarding treatment of
the veteran's psychiatric complaints are not of record.  In view
of this fact, the Board believes that further development is
desirable.  Accordingly, we will REMAND this case for the
following action:

1.  The RO should obtain clear, legible
copies of all available medical records
from the "St. Paul Ramsey" facility,
apparently in St. Paul, Minnesota, where
the veteran was treated for psychiatric
complaints prior to service in 1981.
These documents should include any
hospital summaries and all clinical
records and progress reports.

2.  The RO should obtain clear, legible
copies all available mental health clinic
records from the VA facility in
Minneapolis which are not already of
record.

Upon completion of this action, the RO should again review the
evidence of record in light of all the assembled data concerning
the issues as listed on the title page of this decision.  If the
RO is unable to act favorably on the claims, the appellant and
his accredited representative should be provided a supplemental
statement of the case, to include the laws and regulations
pertaining to entitlement to accrued benefits.  After they have
been afforded the opportunity to respond, the claims folder
should be returned to the Board for further consideration if in
order.  By this action, the Board intimates no opinion, legal or
factual, as to the ultimate disposition of the issues on appeal.
No action is required by the appellant until he is so informed.
The purpose of this REMAND is to obtain clarifying data and to
ensure compliance with all appropriate due process requirements.

(CONTINUED ON NEXT PAGE)

          SAMUEL W. WARNER
          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).