BVA9502242 
DOCKET NO.  93-09 333     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Phoenix,
Arizona

THE ISSUE

Entitlement to service connection for an acquired psychiatric
disorder, to include post-traumatic stress disorder (PTSD).

REPRESENTATION

Appellant represented by: Arizona Veterans Service
Commission

ATTORNEY FOR THE BOARD

Brian J. Milmoe, Counsel

REMAND

The veteran served on active duty from March 1967 to February
1969, with service in Vietnam as a rifleman from November 1967 to
February 1969.  He was awarded the Combat Infantryman Badge in
January 1968 while serving in Vietnam.

Evidence is presented that from 1988 to 1991 the veteran was
treated for and/or was diagnosed as having an anxiety disorder, a
somatization disorder, and manipulative behavior by prison
medical personnel.  The veteran's representative indicates that
the prison authorities have not adequately examined the veteran
to determine whether he suffers from PTSD related to military
service and he requests that the veteran be afforded a VA
psychiatric examination for clarification of the psychiatric
diagnosis.  Also, it is evident that the veteran specifically
requested in September 1992 that VA personnel obtain updated
medical records from the Arizona State Prison in Florence,
Arizona, where he had been transferred in the recent past.  BVA's
review of the records fails to indicate that any attempt was made
to secure the requested records from the Florence facility.
Additionally, the veteran has specifically alleged that he
received inservice psychiatric treatment, both at Fort Gordon in
Georgia and in Vietnam, although currently available service
medical records identify no such treatment.

In view of the VA's statutory obligation to develop all pertinent
facts involving the veteran's claim, as required by 38 U.S.C.A.
§ 5107(a), BVA hereby REMANDS this case to the RO for the
completion of the following actions:

1.  The veteran should be contacted and
requested to provide a detailed statement
as to the date, location, and circumstances
regarding his claimed receipt of inservice
psychiatric treatment, and with that
information the RO

should attempt to obtain records relating
to any such treatment from the National
Personnel Records Center and/or the
applicable service department.

2.  The RO should obtain legible copies of
the veteran's psychiatric treatment records
compiled at the Arizona State Prison in
Florence, Arizona, for inclusion in his
claims folder.

3.  Thereafter, the veteran should be
afforded a VA psychiatric examination for
the purpose of determining whether the
veteran suffers from PTSD related to his
period of military service.  Such
evaluation should be conducted in
accordance with the provisions of Chapters
14 and 20 of the VA Physician's Guide for
Disability Evaluation Examinations.  Any
and all indicated tests, including all
pertinent PTSD scales, should be performed.
Following a review of the veteran's history
and findings, as well as detailed review of
the veteran's claims folder in its
entirety, the examining psychiatrist should
be asked to render a professional opinion,
with supporting reasons, as to whether the
diagnostic criteria for entry of a
diagnosis of PTSD, as set forth in the
American Psychiatric Association:
Diagnostic and Statistical Manual of Mental
Disorders (4th ed. 1994), have been met.

Thereafter, the record should be reviewed in its entirety by the
RO and the issue under consideration should be readjudicated.  If
the action taken remains adverse to the veteran in any way, he
and his representative should be provided a supplemental
statement of the case.  They should then be afforded a reasonable
period of time in

which to respond.  The case should then be returned to BVA for
further appellate consideration.

          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).