BVA9505857 DOCKET NO. 93-15 061 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to service connection for a psychiatric disability. REPRESENTATION Appellant represented by: James W. Stanley, Jr., Attorney WITNESSES AT HEARING ON APPEAL The appellant and his spouse ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from August 1972 to August 1976 and from August 1981 to October 1986. This matter comes before the Board of Veterans' Appeals (Board) from a June 1991 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in No. Little Rock, Arkansas. The veteran contends, in essence, that his current psychiatric disability was initially manifested during active service. The service medical records show that in September 1982, an acute episode of anxiety was suspected in light of the veteran's complaints that included difficulty breathing. He reportedly stated that he was "nervous sometimes." A separation medical examination for the second period of service is not on file. Medical records received from Lackey G. Moody, M.D., include an October 1988 reference to tachycardia, headaches and shaking for which no diagnosis was reported. The VA medical records show the principle psychiatric diagnoses of panic disorder with agoraphobia and major depression. The record reflects that the decision on appeal and the hearing officer's determination were made without benefit of a medical opinion regarding the etiology of the current psychiatric disorders or any relationship to the symptoms in service. The veteran and his spouse testified regarding the extent of his symptoms during service and thereafter. The representative has requested that the case be returned to the RO so that an appropriate medical evaluation of the record can be obtained. In view of the foregoing, and to ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the Board is persuaded that further development is warranted. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for a psychiatric disorder since service. After securing the necessary release, the RO should request all records that have not previously been obtained. All contacts with the veteran should be made in accordance with the procedures for attorney-client contacts. 2. The RO should attempt to obtain through official channels any additional service medical records for the veteran that may be available. Of particular significance is the separation medical examination for his second period of active service. 3. The veteran should then be afforded a VA psychiatric examination to determine the nature and extent of any psychiatric disorder found. The claims folder should be made available to the examiner for review before the examination. The examiner is requested to provide an opinion regarding the etiology of any psychiatric disorder found and the etiologic significance, if any, of the complaints reported in service to any current psychiatric disorder. The examiner is requested to provide the rationale for all opinions expressed. 4. After the development requested has been completed to the extent possible, the RO should readjudicate the issue on appeal. If the benefit sought is not granted, a supplemental statement of the case should then be prepared and furnished to the veteran and his representative. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. 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 deter- mination. 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. 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) (1994).