BVA9502183 DOCKET NO. 93-09 150 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to an increased evaluation for psychophysiologic gastrointestinal reaction with duodenal ulcer, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from August 1940 to November 1945 and from June 1946 to July 1947. This appeal arose from a March 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The RO denied entitlement to an increased evaluation for psychophysiologic gastrointestinal reaction. The above determination was affirmed by the RO in later dated rating decisions. The case has been forwarded to the Board of Veterans' Appeals (Board) for appellate review. REMAND The appellant has submitted a substantial quantity of medical records pertaining to treatment for his psychophysiologic gastrointestinal reaction by VA as well as non-VA health care professionals. The medical records of his treatment at the local VA medical center are last dated in August 1992. The claimant has not been examined in connection with his claim for increased compensation benefits. Pursuant to VA's duty to assist the veteran in the development of facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993), a final decision is being deferred pending a REMAND of the case to the RO for the following development: 1. The RO should request and associate with the claims file photocopies of the complete records pertaining to the veteran's treatment since August 1992 at the VA Medical Center in Montgomery, Alabama. 2. The RO should schedule the veteran for gastrointestinal and psychiatric examinations to determine the extent and severity of his psychophysiologic gastrointestinal reaction. The examinations are to be conducted in accordance with the diagnostic procedures outlined in Chapters 7 and 14 of the VA Physician's Guide for Disability Evaluation Examinations. All indicated studies are to be conducted. The psychiatric examiner should assign a numerical code under the Global Assessment of Functioning Scale, and include a definition of the numerical code assigned. The entire claims file and a copy of this REMAND must be made available to and reviewed by the examiners prior to their examinations. 3. After undertaking any development deemed appropriate in addition to that specified above, the RO should readjudicate the issue of entitlement to an increased evaluation for psychophysiologic gastrointestinal reaction with duodenal ulcer. If the benefit requested on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case. A reasonable period of time for a response should be afforded. 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. ALBERT D. TUTERA Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), 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) (1993).