BVA9502015 DOCKET NO. 93-07 248 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Fargo, North Dakota THE ISSUE Entitlement to service connection for a chronic acquired psychiatric disability. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD C. Lawson, Counsel INTRODUCTION The appellant served on active duty from May 17, 1987 to July 7, 1987. The Fargo, North Dakota Medical and Regional Office Center (RO) denied the benefits sought. The appellant presented testimony at a hearing held there in June 1992. REMAND The claims folder contains a pre-enlistment examination bearing dates in December 1985 and January 1986 which is negative for the existence of a psychiatric disorder. It is possible that a subsequent pre-enlistment examination was conducted closer in time to May 1987. However, if such an examination was conducted, a report of it is not of record. In June 1987 the veteran was seen at the mental hygiene clinic at Lakeland Air Force Base. An abbreviated medical record of this evaluation lists a diagnosis of adjustment disorder with depressed mood. Occupational problems were noted and it was also reported that the veteran had eccentric features including obsessive concern with committing "sins". A narrative report of this evaluation(s) is not of record and it is not clear whether additional records exist. The abbreviated record appears to make reference to other mental hygiene clinic records. A service discharge examination, if one was conducted, is not in the claims folder. It is essential that the appellate record contain complete service medical records, to the extent they are available. At the hearing in June 1992 the veteran's representative referred to counseling reports from the veteran's drill instructor and at least one visit to the Chaplain in late May and possibly early June 1987. These records which the representative appeared to have with him at the hearing are not in the claims folder. A December 1987 report from R. P. Ascano, Ph.D. indicates that the appellant received psychiatric evaluation or treatment at facilities whose records are not contained in the claims folder and whose records would be helpful to consider in order to evaluate his claim. Additionally, the VA has not provided the appellant with a VA psychiatric examination which might assist him with his claim. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should obtain the complete service medical records and complete service personnel records for association with the claims folder including any pre- enlistment examination after January 1986, complete mental hygiene clinic records at Lakeland Air Force Base in June 1987, the report of a service discharge examination, and counseling records of the drill instructor and Chaplain. 2. The RO should obtain all clinical records of evaluation and/or treatment the veteran received from the University of Minnesota Hospital in 1979, and from the Lakeland Mental Health Center in 1978 and 1985. 3. Thereafter, a VA psychiatric examination should be conducted to determine the nature, extent, and severity of psychiatric disability present. All pertinent indicated tests and studies, including psychological tests, should be performed, and the results thereof should be reported in detail. Based on the examination findings and a review of the entire claims folder, the examining physician should express an opinion as to the correct psychiatric diagnoses prior to during and subsequent to service; and whether any acquired psychiatric disorder which may have pre-existed service, increased in severity during service. The claims folder should be made available for review prior to examination. Thereafter, the case should again be reviewed by the RO. If any action remains adverse to the appellant, the case should be returned to this Board in accordance with the usual appellate procedures. No action is required of the appellant until he is further informed. The purpose of this REMAND is to assist the appellant. No inference is to be drawn regarding the final disposition of the claim. ____________________________ BRUCE E. HYMAN 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).