BVA9500054 DOCKET NO. 93-08 798 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to a total rating for compensation purposes based on individual unemployability under the provisions of 38 C.F.R. § 4.16(c) (1993). REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD A. D. Jackson, Associate Counsel INTRODUCTION The veteran had active duty from June 1971 to February 1973. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision from the New Orleans, Louisiana, Regional Office (RO). A rating decision dated in November 1991 denied entitlement to a total rating for compensation purposes based on individual unemployability. REMAND The veteran contends that he is precluded from performing any substantially gainful employment due to his service-connected psychiatric disability. He points out that he is currently taking psychotropic medication and has been unemployed since 1973. In reviewing the record, the Board notes that the veteran has undergone multiple Department of Veterans Affairs (VA) hospitalizations for his service-connected psychiatric disability. Most recently, the record reveals the veteran was hospitalized for his schizophrenia in August and September 1991. Although, a VA examiner opined that the veteran was unemployable, the reports of that hospitalization do not provide a comprehensive picture as to the current nature and extent of the veteran's psychiatric disability. Additionally, the veteran has not undergone a formal Department of Veterans' Affairs (VA) psychiatric examination for a number of years. As the Board's "fulfillment of the statutory duty to assist...includes the conduct of a thorough and contemporaneous medical examination, one that takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one," Green v. Derwinski, 1 Vet. App. 121 (1991), we are requesting further development. The veteran also has indicated in the past years that he receives benefits from the Social Security Administration. Such records are necessary for the proper adjudication of his claim. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following developments: 1. The RO should obtain from the Social Security Administration the records pertinent to the appellant's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim. 2. The veteran should be afforded a VA social and industrial survey to assess the veteran's employment history and day-to-day functioning, as well as his prospects for gainful employment, as such prospects would be impacted upon by his service connected psychiatric disability. A written copy of the report should be inserted into the claims folder. 3. The RO should schedule the veteran for a psychiatric examination. The examination be conducted in accordance with the diagnostic procedures outlined in the Physician's Guide to Disability Evaluation Examinations. The examiner must also be requested to comment on the veteran's work capacity in the light of his disabilities. The psychiatrist should offer an assessment based on the Global Assessment of Functioning Scale (GAF). The claims file should be made available to the examiner prior to the examination. 4. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. JEFF MARTIN 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).