BVA9502836 DOCKET NO. 93-13 150 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to service connection for a psychiatric disorder. REPRESENTATION Appellant represented by: American Red Cross WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Jeffrey A. Pisaro, Counsel REMAND The veteran had active service from October 1974 to September 1976. This appeal arises from a June 1991 rating decision of the New York, New York, Regional Office (RO). The veteran contends that his current psychiatric disorder was first manifest either in service or within the initial post service year. He maintains that he was under severe pressure during service which precipitated his schizophrenia. Additional development of the record would be of assistance in evaluating this claim. The veteran was hospitalized at Bronx Municipal Hospital Center from February to March 1978, and he received follow-up treatment in late-March 1978 from Throgs Neck Community Mental Health Center. Furthermore, he was awarded Social Security Administration (SSA) disability benefits in a September 1979 decision. The veteran testified in February 1992 that his brother Alex took him to a psychiatrist within eight or nine months after service; however, he was unable to remember the physician's name. (T-10) He further stated that Raymond Bayron, a service comrade, may be able to offer information regarding his claim. All available evidence should be obtained from the referenced sources. The duty to assist includes affording the veteran a thorough and contemporaneous examination that takes into account the records of prior medical treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). This is to ensure that the evaluation of a disability is a fully informed one. The Board notes that the November 1990 VA psychiatric examination was conducted without the examiner having the veteran's claims folder or medical records available for review. Following the gathering of all medical records, the veteran should be afforded a VA psychiatric examination. Under the circumstances of this case, the Board finds that further assistance is required. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and obtain the names and addresses of all health care facilities where he has received psychiatric treatment since separation from service. He should also be advised that he may submit alternate forms of evidence to include lay statements in support of his claim. Thereafter, the RO should obtain legible copies of all records from Bronx Municipal Hospital Center from February to March 1978, and from Throgs Neck Community Mental Health Center from March 1978. All records should be associated with the claims folder. 2. The RO should contact the SSA and obtain legible copies of the September 1979 decision granting disability benefits to the veteran and the medical records upon which that decision was based. All records should be associated with the claims folder. 3. Following completion of above developments, the veteran should be afforded a comprehensive VA examination in psychiatry. This study should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies, should be conducted if determined to be warranted by the examiner. The claims file must be made available to and reviewed by the examiner in connection with the examination. The examination report should include diagnoses, and the examiner should express an opinion as to the degree of probability, if any, that schizophrenia or other currently diagnosed psychiatric disorder is etiologically related to the veteran's behavior during service. A complete rationale for the opinion should be provided. 4. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed. If any development is incomplete, appropriate corrective action is to be implemented. If the decision remains adverse to the veteran, he and his representative should be furnished with a supplemental statement of the case. They should then be afforded the applicable time to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. CHARLES E. HOGEBOOM 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).