93 Decision Citation: BVA 93-08181 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-15 043 ) DATE ) ) ) THE ISSUE Entitlement to service connection for cause of death. REPRESENTATION Appellant represented by: Department of Veterans Affairs, California ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel INTRODUCTION The veteran served on active duty from October 1942 to May 1946 and from February 1952 to July 1968. The appellant is the widow of the veteran. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a February 1991 rating decision by the Los Angeles, California, Regional Office (RO). The notice of disagreement was received in March 1991 and a statement of the case was issued in July 1991. The substantive appeal was received in August 1991. A supplemental statement of the case was issued in September 1991. The appeal was docketed at the Board in August 1992. The appellant has been represented throughout her appeal by the California, Department of Veterans Affairs. REMAND The appellant is claiming service connection for the cause of the veteran's death. The veteran died in August 1990 from a self-inflicted gunshot wound. The appellant contends that the veteran committed suicide because he was depressed due to the severity of his service-connected disabilities, which included arteriosclerotic heart disease with hypertension. The appellant submitted military hospital medical records dated from December 1980 through August 1987. She also submitted a report of physical examination by Thomas M. Elder III, M.D., performed in August 1987. These records indicate that the medicine prescribed to the veteran to control his hypertension caused him to become severely depressed. The record, however, does not contain the military hospital outpatient treatment records from August 1987 until his death in August 1990. In light of the foregoing, it is the judgment of the Board that further evidentiary development of this case is in order. Accordingly, this case is hereby REMANDED to the agency of original jurisdiction for the following action: 1. The RO should contact the United States Air Force Hospital, George Air Force Base, California, and request all of the veteran's treatment records, both inpatient and outpatient, subsequent to July 1968. All records obtained should be associated with the veteran's claims folder. 2. The RO should contact the appellant and request that she provide the names and addresses of all other sources of medical treatment received by the veteran subsequent to July 1968. The RO should contact the named sources and request copies of all treatment records of the veteran. All copies obtained should be associated with the veteran's claims folder. When the above development has been completed, the RO should review this claim. In the event findings remain adverse to the appellant, she and her representative should be furnished a supplemental statement of the case and be afforded the appropriate opportunity within which to respond. The case should then be returned to the Board after compliance with all appropriate appellate procedure. No action is required of the appellant unless she receives further notice. The Board intimates no opinion, either legal or factual, as to the disposition warranted in this case pending completion of the above action. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * CHARLES E. HOGEBOOM (MEMBER TEMPORARILY ABSENT) WAYNE M. BRAEUER (CONTINUED ON NEXT PAGE) *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional Member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. 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. 57 Fed. Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).