Citation Nr: 0619822 Decision Date: 07/07/06 Archive Date: 07/13/06 DOCKET NO. 05-35 363 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for depression. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARINGS ON APPEAL The veteran and T.Y. ATTORNEY FOR THE BOARD Michael Holincheck, Counsel INTRODUCTION The veteran served on active duty from February 21, 1986, to May 12, 1986. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2002 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The veteran originally perfected an appeal in regard to the issue of entitlement to service connection for post-traumatic stress disorder. The veteran later withdrew his appeal of the issue at his Travel Board hearing in February 2006. See 38 C.F.R. § 20.204 (2005). Accordingly, the veteran's appeal is limited to the issue of service connection for depression. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the veteran if further action is required. REMAND The veteran served on active duty from February 21, 1986, to May 12, 1986. He contends that he currently suffers from depression based on events that occurred during his period of service and as a result of his discharge. The veteran has submitted several letters from F. G. Stanley, Ph.D., in support of his claim. Dr. Stanley has said he first treated the veteran in October 2001. Dr. Stanley's treatment records are not associated with the claims file and should be requested on remand. The several statements from Dr. Stanley related the veteran's depression to his military service. He referred to service personnel records in the claims file as support for his opinion that the veteran's depression was related to service. In light of Dr. Stanley's several letters relating the veteran's depression to service, a medical examination is required. See 38 U.S.C.A. § 5103A(d) (West 2002); 38 C.F.R. § 3.159(c)(4) (2005). The veteran also reported that he saw a psychiatrist during basic training when he testified in February 2004. He said that the psychiatrist told him that he was having normal problems. He did not see the psychiatrist again. There is no evidence of any psychiatric evaluation or consult in the veteran's service medical records (SMRs). The SMRs are the military health records for each veteran and typically include all physical examinations and entries from outpatient medical and dental treatments. However, the SMRs do not include mental health records, such as psychological evaluations and other mental health consultations. Such records are normally retained by the facility that created the record for 5 years before the records are destroyed. While the mental health records concerning the veteran may have been destroyed, a request to obtain these records must be made. Finally, the veteran testified at a Travel Board hearing in February 2006. He asked that the record be kept open for 30 days so that he could submit a statement from his pastor in support of his claim. The veteran said that the pastor had known him before and after service and for many years. The record was kept open but the veteran did not submit any additional evidence. On remand the veteran should be requested to provide the statement from his pastor. Accordingly, the case is REMANDED for the following action: 1. The RO should request that the veteran identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for psychiatric symptoms/disorders since service. The RO should attempt to obtain copies of pertinent treatment records identified by the veteran that have not been previously secured. 2. The veteran should be requested to provide a statement from his pastor as he reported he would do at the time of his Travel Board hearing in February 2006. 3. The RO should contact the appropriate record agency for any mental health records concerning the veteran, to include a psychiatric consult or evaluation that was done during the veteran's basic training in 1986. 4. Upon completion of the above, the veteran should be afforded a psychiatric examination to determine the diagnosis of any and all psychiatric disorders which may be present. All indicated studies, tests, and evaluations deemed necessary should be performed. The veteran's claims file must be made available to the examiner for review. For any psychiatric diagnosis the examiner should provide an opinion as to whether there is a 50 percent probability or greater that the disability began during the veteran's active military service. The report of examination must include the complete rationale for all opinions expressed. 5. After undertaking any other development deemed appropriate, the RO should re-adjudicate the issue on appeal. If the benefit sought is not granted, the veteran and his representative should be furnished with a supplemental statement of the case and afforded an opportunity to respond before the record is returned to the Board for further review. Thereafter, the case should be returned to the Board for further appellate review. By this remand, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. The veteran has the right to submit additional evidence and argument on the matter the Board has remanded to the RO. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006). _________________________________________________ Gary L. Gick Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (2005).