BVA9500103 DOCKET NO. 93-06 861 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to service connection for a psychiatric disability, including post-traumatic stress disorder, hearing loss and arthritis of the knees. 2. Entitlement to an increased (compensable) evaluation for residuals of malaria. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD R. A. Caffery, Counsel INTRODUCTION The veteran served on active duty from February 1943 to November 1945. This is an appeal from 1992 and 1993 rating actions by the Department of Veterans Affairs (VA) Regional Office, Montgomery, Alabama, which denied entitlement to service connection for a psychiatric disability, including post-traumatic stress disorder; which confirmed and continued denials of service connection for hearing loss and arthritis of the knees; and which confirmed and continued a noncompensable evaluation for residuals of malaria. REMAND The record discloses that, in January 1953, the veteran applied for VA hospital treatment. Various psychiatric problems were reported. A diagnosis of manic-depressive psychosis was made. It was indicated that the veteran was medically eligible for VA treatment; however, service connection for treatment purposes was denied. Because he had a low priority, and the VA hospital had a waiting list, he was treated at Bryce Hospital.. In his July 1992 claim for VA disability benefits, the veteran indicated that he had been treated at the Bryce Hospital for his nerves from 1950 to 1953 and had also been treated at the VA Medical Center, Tuscaloosa, in 1950. He stated that he had been treated by Dr. R. William Davis, Post Office Box 609, Vernon, Alabama, for conditions including his nerves beginning in about 1960. The veteran was afforded a VA psychiatric examination in November 1992. He provided information regarding various traumatic events that had occurred during service. Various findings were recorded on mental status examination. The examiner indicated that the veteran might currently have some depressive symptoms and he might also have symptoms of post-traumatic stress disorder, but it was difficult to justify the full diagnosis of the latter condition. The diagnosis was depression. It is apparent that the examiner did not have access to the veteran's claims folder. The regional office later received a detailed 3 page report by the Bryce Hospital reflecting the veteran's treatment in March 1953 for psychiatric problems. It was indicated that he had received treatment for his nerves from a Dr. Wieley who had been his physician. A diagnosis of schizophrenic reaction was made. On the basis of the present record, and in order to afford the veteran every consideration, findings of fact and conclusions of law are being deferred pending a REMAND for the following action: 1. The VA Medical Center, Tuscaloosa, should be contacted and asked to provide copies of any inpatient or outpatient treatment records reflecting treatment of the veteran for a psychiatric disorder during the period from 1950 to 1953. Any such records should be associated with the claims file. 2. The veteran should be contacted and asked to provide the full name and address of Dr. Wieley. That physician (or his successor in practice) should be contacted and asked to provide copies of any records of treatment of the veteran for a psychiatric condition during the early 1950's. 3. The veteran should then be examined by a psychiatrist experienced in cases involving post-traumatic stress disorder to determine the nature and extent of any psychiatric disability present and whether symptoms consistent with a diagnosis of post-traumatic stress disorder are manifested. The examiner should specifically comment on the relationship, if any, between any condition found and the condition treated at Bryce Hospital in 1953. The report of examination should contain a detailed social, industrial and military history as well as clinical findings upon which the diagnosis is based. It is essential that the claims file be made available to the examiners for review prior to the examination. When the above action has been completed, the case should be reviewed by the regional office. If the denial is continued, the veteran and his representative should be sent a supplemental statement of the case and be afforded the appropriate time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. No action is required of the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying information. The Board intimates no opinion as to the disposition warranted in this case pending completion of the requested action. ROBERT D. PHILIPP 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).