93 Decision Citation: BVA 93-03165 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-18 397 ) DATE ) ) ) THE ISSUE Entitlement to service connection for a neuropsychiatric disorder. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate For Veterans Affairs. ATTORNEY FOR THE RECORD J.D. Hunter, Associate Counsel INTRODUCTION The veteran served on active duty from July 1981 to December 1981. The veteran filed his original claim seeking entitlement to service connection for an acquired neuropsychiatric disorder in July 1991. A November 1991 rating decision from the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico (VARO) denied service connection for the veteran's acquired neuropsychiatric disorder. The veteran was notified of that decision and his appellate rights by letter in November 1991. A notice of disagreement and two unsworn lay statements submitted in support of the veteran's claim were received from the veteran in December 1991. A statement of the case was issued in January 1992. A substantive appeal was received in January 1992. Within the veteran's substantive appeal, the veteran requested a personal appearance before the VARO. That request was cancelled by the veteran in March 1992. Several additional letters were received from the veteran in January and March 1992, providing more information from which another search for service medical records could be made. After receiving that new information, a request for a supplemental search was submitted by the VARO to Lackland Air Force Base, San Antonio, Texas. Following receipt of a negative response to that request, the VARO made a second rating decision, dated in June 1992, confirming and continuing the previous denial of service connection. A supplemental statement of the case was issued in June 1992. The veteran appointed an accredited representative, the Puerto Rico Public Advocate for Veterans Affairs, in February 1992. The veteran's claims folder was forwarded to the Board of Veterans' Appeals (the Board) where it was received and docketed in October 1992. REMAND The veteran is seeking entitlement to service connection for a neuropsychiatric disorder which he claims he incurred while in training with the U.S.Army. He maintains he was treated by a Dr. (CPT) Lopez, M.D., more than 8 times during the months of August, September, and October 1981, at Lackland Air Force Base, San Antonio, Texas. We note that we have found the veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107 (West 1991). The veteran's service medical records show the veteran was seen at Wilford Hall U.S. Air Force Medical Center and at Lackland Air Force Base. That evidence combined with the lay statements submitted, and considering the nature of the veteran's discharge, "nonproductive," the Board finds this constitutes a well grounded claim. We are not satisfied, however, that all relevant facts have been properly developed. Further assistance is required to comply with the duty to assist mandated by § 5107. Decisions of the Board must be based on all the evidence of record 38 U.S.C.A. § 7104(a) (West 1991) and Gilbert v. Derwinski, 1 Vet.App. 78 (1990). The duty to assist the appellant in the development of his claim includes the duty to request information which may be pertinent to the claim. 38 U.S.C.A. § 5106, 5107(a) (West 1991). In the opinion of the Board, the veteran's reference to having been treated by a Dr. (CPT) Lopez, M.D., more than 8 times during the months of August, September, and October 1981, at Lackland Air Force Base, San Antonio, Texas, was pertinent evidence requiring verification, either by requesting and obtaining those outpatient treatment records, or by documenting that no such records exist. The VA must conduct a thorough and contemporaneous medical evaluation of the claimant. Green v. Derwinski, 1 Vet.App. 121 (1991); Akles v. Derwinski, 1 Vet.App. 118 (1991). The appellant should be accorded a neuropsychiatric examination to determine the presence and nature of any neuropsychiatric disorder. The Board believes that further development of the evidence would be helpful in this case. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 19.9 (1992)), and EF v. Derwinski, 1 Vet.App. 324 (1991). Therefore, the case is remanded for the following action: 1. VARO should specifically request any mental health outpatient treatment records for the period of August, September and October 1981 at Lackland Air Force Base, San Antonio, Texas, by contact with that facility, in accordance with M21-1, Part III, 4.08(b)(4)(a). Any indication that the veteran was an outpatient at that facility should be sought. 2. VARO should request all personnel and administrative records, especially those reporting the facts and circumstances surrounding the veteran's separation from the service. 3. VARO should schedule the veteran for a neuropsychiatric examination. A complete listing of Axis I and Axis II findings is specifically requested. When the above development has been completed, VARO should readjudicate the appellant's claim. If the benefits sought on appeal are not granted, the appellant and his representative should be provided a supplemental statement of the case and should be afforded an opportunity to respond. The record should be returned to the Board for further appellate consideration, if in order. No action by the appellant or his representative is required until further notice is received. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 BETTINA S. CALLAWAY MATTHEW J. GORMLEY, III KENNETH R. ANDREWS, JR. 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.