BVA9502779 DOCKET NO. 93-09 189 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUES 1. Entitlement to service connection for an acquired psychiatric disorder. 2. Entitlement to service connection for a skin disorder. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD G. P. Hanson, Counsel INTRODUCTION The veteran served on active duty from February 1969 to November 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of August 1991, issued by the Atlanta, Georgia, Regional Office (hereinafter RO), denying the veteran entitlement to service connection for the disabilities at issue. Appellate consideration of the issue of entitlement to service connection for an acquired psychiatric disability is deferred pending completion of the development requested below. REMAND The threshold question is whether the veteran has met his burden of submitting evidence sufficient to justify a belief that his claims are well-grounded. 38 U.S.C.A. § 5107(a) (West 1991). If his claims are not shown to be well-grounded, the Board does not have jurisdiction over the question of whether the benefits sought on appeal are warranted. Boeck v. Brown, 6 Vet.App. 14 (1993). In this context, the Board finds that the veteran's evidentiary assertions of symptoms a lay party is competent to report, when viewed in conjunction with the medical evidence in file, are sufficient to establish plausible claims and ones that are well-grounded. Proscelle v. Derwinski, 2 Vet.App. 629 (1992); King v. Brown, 5 Vet.App. 19 (1993). A preliminary review of the records and arguments advanced by the veteran, particularly at a hearing held on appeal at the RO in September 1992, indicates that the fundamental questions presented in this case are the etiology and chronicity of claimed psychiatric and skin disorders. A review of the service medical records reveals that, while the veteran reported at pre-induction physical examination in September 1968 that he had foot problems prior to service, no skin abnormality was noted on clinical evaluation, and he was treated in service in May and June 1969 for a pruritic rash of the knees, hands and feet. The Board also notes that the veteran performed active duty for approximately a year in Vietnam. A report of dermatological examination conducted by the Department of Veterans Affairs (VA) indicates only that the veteran had objective evidence of tinea corpora, but did not comment as to the etiology of the skin disorder. In this respect, we also note that the veteran reported that he had been treated by private physicians for dermatological conditions sometime after his separation from active duty. The VA has a duty to assist the veteran in the development of facts pertinent to his claim, as mandated by 38 U.S.C.A. § 5107(a) (West 1991). In order to afford the veteran every consideration and to satisfy the duty to assist, the Board finds that further development of the evidence is indicated. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should request that the veteran provide the names and addresses of all health care providers who treated him for any disability following his separation from service, as well as the approximate dates of treatment. Thereafter, after necessary authorizations for the release of medical information is obtained from him, the RO should attempt to obtain copies of treatment records from all sources identified by the veteran for inclusion in the claims folder. 2. Thereafter, the veteran should be afforded a VA dermatological examination. All tests indicated should be performed, and studies, as needed, should be performed. The veteran's claims folder should be made available to the examiner for review in conjunction with the examination. The report of examination should include a detailed account of all skin pathology shown to be present. The examiner should also be requested to give an opinion as to the etiology of any skin disability found. If the claims are not resolved to the veteran's satisfaction, both he and his representative should be provided with a supplemental statement of the case and given an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. In taking this action, the Board implies no conclusion, either legal or factual, as to any ultimate outcome warranted. No action is required on the part of the veteran or his representative until either is notified by the RO. J.F. GOUGH 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).