BVA9501344 DOCKET NO. 93-05 205 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to service connection for migraine headaches. 2. Entitlement to service connection for sinusitis. 3. Entitlement to service connection for a back disorder. 4. Entitlement to service connection for a right hip disorder. 5. Entitlement to service connection for an acquired psychiatric disorder. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD L. Jennifer Lane, Associate Counsel INTRODUCTION The veteran had active service from July 1971 to July 1975. The appeal arises from an October 1991 rating decision in which the Regional Office (RO) denied service connection for migraine headaches, a sinus condition, back, right hip and elbow disorders and a psychiatric disorder. The veteran filed a notice of disagreement in December 1991. At a hearing held at the RO in June 1992, the veteran expressed his desire to withdraw the appeal of his claim for entitlement to service connection for an elbow disorder. Therefore, the claims currently on appeal are those set forth on the previous page. REMAND Review of the claims file discloses that the records pertaining to the Department of Veterans Affairs (VA) examinations performed in September 1991 are not complete. The first page of the report of what appears to have been a VA psychiatric examination shows that that report was continued on at least one other page which is not of record. The RO should obtain any missing pages of the examination report and associate said pages with the claims file. If the RO is unable to obtain the missing page(s) of the examination report, the veteran should be afforded another VA psychiatric examination. To ensure that the VA has met its duty to assist the veteran in developing the facts pertinent to his case and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain copies of all the records associated with the VA psychiatric examination performed in September 1991. If the RO is not able to obtain all of said records, the veteran should be scheduled for another VA psychiatric examination which should be performed in accordance with the VA Physician's Guide for Disability Evaluation Examinations and should include all necessary tests and studies. Additionally, the examiner should be allowed the opportunity to review the veteran's claims file prior to the examination. The purpose of this examination is to ascertain the nature and severity of any current psychiatric disorder. 2. Following completion of the above action, the RO should consider the veteran's claims in light of all additional evidence. If the RO continues to deny any claims, the veteran and his representative should be furnished a supplemental statement of the case and be afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise notified. U. R. POWELL 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).