BVA9503933 DOCKET NO. 88-35 560 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to service connection for post-traumatic stress disorder. 2. Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Siobhan Brogdon, Counsel REMAND The veteran served on active duty from August 1965 until August 1967. The record discloses that this case was remanded by a decision of the Board dated in July 1994 for further development to include soliciting private clinical data, affording the veteran a Department of Veterans Affairs (VA) period of observation and evaluation and adjudicating an additional issue. While the appellant has related in correspondence dated in October 1994 that he was incarcerated between December 1993 and August 1994, there is no indication that the agency of original jurisdiction has since responded to any of the Board of Veterans Appeals' (Board) remand requests. There is also no explanation in the record as to why the additional development was not accomplished. In the informal hearing presentation of January 1995, the representative notes the apparent lack of compliance and asks that the case be remanded again to the regional office (RO) to address the directions of the prior Board remand. Additionally, the Board notes in a private medical statement dated in November 1994 from A. Richmond, M.D., that the veteran currently receives treatment for peptic ulcer disease and conditions manifested by chest pain and weakness of the upper extremities. The record does not reflect that these disabilities or disorders have been ascertained by the VA or properly rated for pension purposes. Under the circumstances of this case, the Board is of the opinion that additional development is required before final disposition of the issues on appeal. The case is therefore REMANDED to the RO for the following actions: 1. The RO should proceed with implementation of the Board instructions delineated in the remand decision of July 1994. 2. During the admission for the period of observation and evaluation, the veteran should also be afforded a comprehensive general medical examination to ascertain any and all physical disorders and/or disabilities currently indicated. These conditions should be appropriately rated for non service-connected pension purposes. Following completion of the requested development, the RO should again consider the claims. If action remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and be given the opportunity to respond. The case should then be returned to the Board for further appellate consideration. No action on the part of the veteran is required until he receives further notice. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of the issues on appeal. ALBERT D. TUTERA 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).