Citation NR: 9723637	
Decision Date: 07/08/97		Archive Date: 07/21/97

DOCKET NO.  96-10 749	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Los 
Angeles, California


THE ISSUE

Entitlement to service connection for schizophrenia.


REPRESENTATION

Appellant represented by:	Disabled American Veterans


ATTORNEY FOR THE BOARD

Daniel G. Krasnegor, Associate Counsel


REMAND

The veteran served on active duty from August 1982 to May 
1984.

This matter comes before the Board of Veterans’ Appeals 
(Board) on appeal of a March 1994 rating determination by the 
Department of Veterans Affairs (VA) Regional Office (RO).

Service medical records reflect that in August 1983, the 
veteran was seen for depression following an injury to the 
tendon in his hand three weeks earlier.  Since that time, the 
veteran had experienced crying spells, insomnia, early 
morning awakening, decreased appetite, weight loss, feelings 
of depression, ideas of reference, obsessional thoughts and 
paranoia.  The record shows that the veteran was given 
psychotherapy and removed from stressful situations.  He was 
returned to duty with a diagnosis of depression.  Also of 
record is a record of inpatient treatment, dated in August 
1983, showing a diagnosis of adjustment disorder with 
depressed mood.  April 1984 records demonstrate that the 
veteran was diagnosed with a schizotypal personality 
disorder, and that discharge was recommended.  The veteran's 
discharge medical examination was conducted in May 1984.  At 
that time, his psychiatric condition was evaluated as normal. 

October through December 1993 VA medical records show that 
the veteran was diagnosed with undifferentiated schizophrenia 
and polysubstance abuse.  On several occasions, the veteran 
was noted to have a 10 year history of schizophrenia with 
multiple hospitalizations.

Of record is a June 1994 statement in which a VA physician 
reported that although he did not review the veteran's 
service medical records, he believed the veteran's in-service 
psychiatric symptoms were the prodromal period of what was to 
become a chronic schizophrenic condition.  He also noted that 
the veteran was receiving Social Security Disability.

In October 1994, the RO requested that the veteran provide 
copies of medical evidence showing treatment for 
schizophrenia in 1985 or the name and dates of VA facilities 
where he had treatment.  Although the veteran was asked to 
provide some information regarding his claim, the Board notes 
that there may be additional records not from 1985, including 
the veteran's Social Security records, which should be 
obtained pursuant to the duty to assist the veteran under 
38 U.S.C.A. § 5107 (West 1991 and Supp. 1996).  The Board is 
also of the opinion that the veteran should be afforded a VA 
examination in order that his complete records be reviewed 
and an opinion be obtained as to the relationship between 
service and his current psychiatric disorder.

In accordance with the statutory duty to assist the veteran 
in the development of evidence pertinent to his claim, the 
case is REMANDED for the following action:

1.  The RO should request the veteran to 
identify all physicians and facilities 
where he had been treated for psychiatric 
disorders since service.  He should be 
informed of the importance of providing 
such information and of the consequences 
for failing to cooperate.  After 
obtaining any necessary authorization, 
the RO should then obtain medical records 
from all sources identified by the 
veteran which are not already of record.

2.  The RO should take appropriate action 
in order to obtain copies of the 
decision, and the supporting medical 
records reviewed by the Social Security 
Administration in rendering their 
decision to award the veteran disability 
benefits.
 
3.  The RO should arrange for an 
examination of the appellant by a 
psychiatrist in order to determine the 
nature and etiology of any psychiatric 
disorders found to be present.  The 
claims folder must be made available to 
the examiner prior to the examination.  
The examiner should conduct all testing 
deemed necessary.  The result of all 
testing should be fully reported.  In 
conjunction with a review of the 
veteran's claims file, it is requested 
that the examiner render an opinion as 
to the following:  

Is it at least as likely as not that 
the veteran's in-service psychiatric 
symptoms represented the onset of a 
chronic psychiatric condition from 
which the veteran currently suffers?

4.  After undertaking any development 
deemed appropriate in addition to that 
specified above, the RO should 
readjudicate the issue of entitlement to 
service connection for schizophrenia.

If the benefit sought is not granted, the veteran and his 
representative should be furnished a supplemental statement 
of the case, covering all issues on appeal.  The veteran and 
the representative must be accorded an opportunity to 
respond.  The case should then be returned to the Board for 
further appellate consideration.  By this action the Board 
intimates no opinion, legal or factual, as to the ultimate 
disposition warranted.  

This claim must be afforded expeditious treatment by the RO.  
The law requires that all claims that are remanded by the 
Board of Veterans’ Appeals or by the United States Court of 
Veterans Appeals for additional development or other 
appropriate action must be handled in an expeditious manner.  
See The Veterans’ Benefits Improvements Act of 1994, Pub. L. 
No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. 
§ 5101 (West Supp. 1996) (Historical and Statutory Notes).  
In addition, VBA’s ADJUDICATION PROCEDURE MANUAL, M21-1, Part 
IV, directs the ROs to provide expeditious handling of all 
cases that have been remanded by the Board and the Court.  
See M21-1, Part IV, paras. 8.44-8.45 and 38.02-38.03.


		
	GARY L. GICK
	Member, Board of Veterans' Appeals

	(CONTINUED ON NEXT PAGE)


38 U.S.C.A. § 7102 (West Supp. 1996) 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) 
(1996).
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