BVA9502230 DOCKET NO. 93-10 185 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUE Entitlement to service connection for an acquired psychiatric disorder, to include Post-Traumatic Stress Disorder (PTSD). ATTORNEY FOR THE BOARD Sandra L. Smith, Associate Counsel INTRODUCTION The veteran had active duty for training from May 1979 to August 1979 and from July 23, 1990 to September 15, 1990, and periods of inactive duty training from May 1986 to June 1991. This appeal is before the Board of Veterans' Appeals (the Board) from an August 1992 rating decision of the Regional Office (RO) which denied service connection for an acquired psychiatric disorder. The case is now ready for appellate review. REMAND The veteran is contending that her psychiatric disorder first manifested itself following the traumatic event of watching the sudden death of a friend while on active duty for training in August 1990. Following that event, she was treated for a panic attack at the base clinic and subsequently at a local private hospital. In the alternative she alleges that the psychiatric disorder was aggravated during active duty for training following the traumatic event. She also notes that this psychiatric disorder has been variously diagnosed as PTSD and panic disorder. A review of the claims folder discloses that the veteran was never afforded a VA psychiatric examination for compensation purposes. The Board believes such an examination is necessary to clarify the diagnosis and to obtain a medical opinion as to the probable etiology of the veteran's acquired psychiatric disorder as well as the probability of aggravation of the disorder during service. The Board notes that the VA has a duty to assist the veteran in developing pertinent information relating to her claim pursuant to 38 U.S.C.A. § 5107(a) (West 1991). The Court of Veterans Appeals (the Court) has held that the duty to assist also includes providing a thorough and contemporaneous medical examination, which takes into account prior medical evaluations and treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). The Court has also held that when the Board concludes the medical evidence of record is insufficient it may supplement the record by ordering a medical examination. Colvin v. Derwinski, 1 Vet.App. 171 (1991). In light of the above facts and law, the Board has determined that the case must be REMANDED to the RO for the following actions: 1. The RO should obtain and associate with the claims folder all current private and VA medical records pertaining to treatment of the veteran's acquired psychiatric disorder. 2. The RO should schedule the veteran for a comprehensive VA psychiatric examination. This study must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, must be conducted. The claims file must be made available to and reviewed by the examiner prior to the requested study. In addition, the examiner must offer an opinion whether or not the veteran's current psychiatric disorder, if any, is etiologically related to any incident which occurred during active duty for training (July 23, 1990 to September 15, 1990). If the veteran's psychiatric disorder is found to have pre-existed her active duty for training, the examiner must offer an opinion whether or not the veteran's current psychiatric disorder increased in severity as a result of any incident which occurred during her active duty for training. 3. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, including if the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. If the claim remains denied, the veteran should be issued a supplemental statement of the case and she should be afforded the appropriate period of time within which to respond thereto. Then, if otherwise in order, the case should be returned to the Board for further appellate consideration. No action is required of the veteran until she is notified. The Board intimates no opinion, either legal or factual, as to the ultimate disposition warranted in this case, pending completion of the requested development. HOLLY E. MOEHLMANN 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).