BVA9501199 DOCKET NO. 93-10 960 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York THE ISSUES 1. Entitlement to service connection for alcohol abuse secondary to post-traumatic stress disorder (PTSD). 2. Entitlement to an increased rating for post-traumatic stress disorder, currently evaluated as 50 percent disabling. 3. Entitlement to a total rating based on individual unemployability due to service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD Ripley P. Schoenberger, Counsel INTRODUCTION The veteran had active duty from September 1969 to September 1971. This appeal originally arose from a September 1991 rating decision by the RO which granted service connection and assigned a 30 percent rating for PTSD. Thereafter, in October 1992, the veteran was assigned a temporary total rating from April 16, 1991, through October 31, 1991, and a 50 percent rating from November 1, 1991. At his personal hearing the veteran testified that his service- connected post-traumatic stress disorder prevented him from working. The Board of Veterans' Appeals (Board) interprets this statement as raising the issue of entitlement to a total rating based upon being individually unemployable due to service- connected disabilities. Under the guidelines set forth in EF v. Derwinski, 1 Vet.App. 324 (1991), the Board must assume jurisdiction of the issue. Thus, the issues for consideration in this appeal have been expanded as shown on the title page. REMAND The veteran was last afforded a psychiatric examination by VA in May 1991. However, he was hospitalized at VA facilities from April to July 1991, August to September 1991, and in September and October 1991. In addition, at his personal hearing held in July 1992, he testified that he saw a VA doctor every Monday, and went to VA once a month for medication. Nevertheless, the veteran's VA outpatient treatment records have not been associated with the claims folder. To ensure that the 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 RO for the following development: 1. The veteran should be furnished an Application for Increased Compensation Based on Unemployability (VA Form 21-8940). When the completed form is received, it should be associated with the claims folder. 2. The RO should take appropriate steps to secure the veteran's VA outpatient treatment records. When the reports are secured, they should also be associated with the claims folder. 3. The RO should take appropriate steps to obtain from the Social Security Administration the records pertinent to the veteran's claim for Social Security disability benefits, as well as the medical records relied upon concerning that claim. 4. The veteran should be scheduled for a psychiatric examination to determine the current severity of his service-connected psychiatric disorder. Complete psychological testing and a social and industrial survey should be accomplished. The examiner should enter a complete multiaxial evaluation, including a score on the Global Assessment of Functioning Scale on Axis V, as set out in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders. The examiner should explain the significance of the score in terms of the veteran's social and industrial impairment. Based on a review of the entire record, the examiner also should offer an opinion as to the medical probability that the veteran's chronic alcohol abuse is the result of his service-connected PTSD. To assist the examiner, the claims folder should be made available for review prior to the examination. 5. 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 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. STEPHEN L. WILKINS 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).