93 Decision Citation: BVA 93-15825 Y93 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-24 054 ) DATE ) ) ) THE ISSUE Entitlement to Service Connection for a neuropsychiatric disorder, to include Tourette's Syndrome. REPRESENTATION Appellant represented by: Maine Bureau of Veterans Services WITNESS AT HEARINGS ON APPEAL Appellant ATTORNEY FOR THE BOARD R. J. Rolfsen, Associate Counsel INTRODUCTION The veteran served on active duty from March 1970 to December 1971. This appeal stems from a February 1992 decision of the Togus, Maine Department of Veterans Affairs (VA) Regional Office (RO). A notice of disagreement was received in February 1992 and the statement of the case was issued in June 1992. The substantive appeal was received in July 1992. The veteran gave testimony in support of his claim at an October 1992 hearing held at the RO, and a hearing officer's decision was entered later that month. A supplemental statement of the case was issued in November 1992. The case was received and docketed at the Board of Veterans' Appeals (Board) in December 1992. The veteran gave testimony in support of his claim at a March 1993 hearing held at the Board in Washington, D.C. The case is now ready for appellate review. REMAND Initially, we find that the veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107 (West 1991). Therefore, we have a duty to assist him in order to ensure that all relevant evidence has been properly developed. Since we find there may be additional relevant evidence a remand is necessary. The veteran maintains that his neuropsychiatric disorder, to include Tourette's Syndrome, was aggravated in service. He contends that he was tied down on on occasion and that this incident and the stress and harassment during service aggravated his disorder. A review of the evidence of record indicates that the veteran has reported having had some trouble in school due to his neuropsychiatric disorder but that the preservice symptomatology was much less severe than what he has experienced since service. School records which may provide information of the degree of severity of the disorder prior to service have not been obtained and are clearly relevant to the veteran's claim. Also, the veteran has reported an incident in January 1971 while he was serving aboard the USS Kilauea in which he was medicated and put in restraints after being brought back from liberty in an acutely intoxicated condition. The service medical records confirm this incident and also indicate that two days later, the veteran was referred for evaluation by the psychiatric clinic, U. S. Naval Hospital, FPO San Francisco 96651. The report of any such evaluation is not of record. Moreover, since military administrative records such as efficiency and disciplinary reports may have pertinent information, these records should be obtained. Furthermore, the veteran has reported receiving post service treatment for alcoholism after abusing alcohol in order to combat his neuropsychiatric disorder, as well as receiving treatment at the VA Medical Center in Togus, Maine from Walter Rohm, M.D. for his Tourette's Syndrome. Such treatment records are necessary for review prior to rendering a final decision. Accordingly, this case is remanded for the following action: 1. The RO should attempt to obtain copies of any records from the schools which the veteran attended from grammar school through high school particularly any relating to counseling for behavior or learning difficulties. It should be noted that the veteran has reported attending three different high schools. All records obtained should be associated with the claims folder. 2. The RO should make efforts to ensure that all service medical records, to particularly include any of the psychiatric clinic, Naval Hospital, FPO San Francisco, 96651 pertaining to evaluation or treatment during January 1971, have been obtained. The RO should also obtain copies of the veteran's service administrative and personnel records, especially those relating to efficiency and disciplinary matters. 3. After obtaining information from the veteran as to the sources of post service treatment, the RO should attempt to obtain copies of all such treatment records, including those from the alcohol and drug abuse rehabilitation center which the veteran has reported attending in Lewiston, Maine. 4. The RO should attempt to obtain copies of all treatment records of the veteran from the VA Medical Center in Togus, Maine, not already in the claims folder with particular attention being paid to records of treatment by Walter Rohm, M.D. Following the completion of the requested development, the RO should review the case. If the claim remains denied, the case should be returned to the Board following appropriate appellate processing. No action is required by the veteran until he receives further notice. No indication is made by this remand as to the outcome warranted in this case. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * STEPHEN L. WILKINS (Member Temporarily Absent) JAMES R. ANTHONY *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. 38 C.F.R. § 20.1100(b) (1992).