BVA9506450 DOCKET NO. 93-12 968 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to a 100 percent rating for chronic undifferentiated schizophrenia, currently evaluated as 70 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Richard E. Coppola, Associate Counsel INTRODUCTION The veteran served on active duty from April 1968 to June 1971. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision of January 1993 from the Cleveland, Ohio, Department of Veterans Affairs (VA) Regional Office (RO), which denied entitlement to a 100 percent rating for chronic undifferentiated schizophrenia. REMAND The claims folder contains numerous reports of VA examination and hospitalization dated as early as June 1982. These reports include treatment and diagnoses of alcohol dependence. Several of these reports also contain diagnoses of antisocial personality disorder. On VA examination in January 1990, the diagnoses were alcohol abuse and rule out paranoid schizophrenia. The physician stated that the extent of the veteran's alcohol abuse could not be determined at that time because the veteran was unable to provide clear details regarding his illness. The claims folder also contains a March 1992 report of psychiatric examination for VA purposes. During that examination, the veteran reported continued use of alcohol, but reported that he had reduced considerably his consumption. The reported diagnoses were paranoid schizophrenia and alcohol abuse by history. These physicians do not specifically relate the veteran's alcohol use to his service-connected psychiatric disability or rule out any such relationship. In support of his claim is a June 1993 statement of Robert A. Williams, M.D., indicating a diagnosis of paranoid schizophrenia and an opinion that the veteran's prognosis is poor. He reported that the veteran has been "alcohol free for quite sometime," and opined that the veteran has been unemployed since 1978 due to his service-connected psychiatric disorder. The RO denied that veteran's claim for a total rating because it determined that the veteran's chronic alcoholism was a significant additional cause of interference with employability. The RO concluded that the veteran was not unemployable solely by reason of his service-connected symptoms. A liberal reading of the evidence in the claims folder raises the issue whether the veteran's alcohol dependence is either a symptom of the service- connected psychiatric disorder or is a chronic disability which has been incurred secondary to the service-connected psychiatric disorder. This issue is inextricably intertwined with the issue of the proper rating for the veteran's chronic undifferentiated schizophrenia. The Board finds that additional medical development is necessary to reconcile the current medical findings prior to assignment of a rating. The evidence includes February 1988 Social Security Administration (SSA) decision awarding disability benefits, effective June 1983. It is not clear whether all the evidence used in that determination has been obtained for use in the current appeal. In September 1994 and January 1995 additional records were added to the records assembled for appellate review. This new evidence consists of additional medical statements from Dr. Williams and VA outpatient records showing treatment and evaluation of the veteran's service-connected psychiatric disorder. Under the present circumstances, the Board finds that additional development of the evidence is necessary. Accordingly, the case is REMANDED for the following actions: 1. The veteran should state where he has received inpatient and/or outpatient treatment for schizophrenia and/or alcohol use since March 1992. After obtaining any needed authorization from the veteran, the RO should obtain copies of all these records. 2. The RO should obtain copies of any medical records used in connection with the February 1988 SSA determination awarding disability benefits from that agency, which are not already part of the claims folder. 3. The veteran should then be afforded a psychiatric examination in order to determine the severity and manifestations of his service-connected schizophrenia. The claims folder must be made available to the examiner prior to the examination. The examination should be conducted in accordance with VA's Physician's Guide for Disability Evaluation Examinations. Any psychological testing deemed necessary to make a complete diagnostic evaluation and to differentiate symptoms attributable to the service-connected psychiatric disorder from those due to other conditions should be accomplished. The examiner should also, if needed, utilize Social Work Service to obtain data to clarify the nature and sequence of events which may have affected the veteran's life and to assist the examiner in evaluating the degree of social, psychological, and industrial impairment due to the psychiatric disorder. The examiner should provide a numerical GAF score, along with the associated descriptive phrase, which most appropriately reflects the veteran's level of functioning. The examiner should also specifically discuss the reduction, if any, in initiative, efficiency and reliability levels which is due to the psychiatric disorder. Finally, the examiner should express an opinion regarding the etiology of alcoholism and the degree of probability that alcoholism is a symptom of or secondary to the service-connected psychiatric disorder. 4. Following completion of this development, the RO should review the veteran's claims, including the claim that alcoholism is a symptom of PTSD or secondary to PTSD. The rating decision should reflect consideration of all potentially applicable criteria, to include consideration of the applicability of 38 C.F.R. §§ 3.321(b)(1) and 4.16(c). If the decision remains adverse to the veteran in any way, he and his representative should be furnished with a supplemental statement of the case which summarizes the pertinent evidence and reflects detailed reasons and bases for the decision. They should then be afforded the applicable time period to respond. Thereafter, the case should be returned to the Board for further appellate consideration. No action by the veteran is required until he is contacted by the RO. The purpose of this REMAND is to obtain additional clarifying medical data and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. EUGENE A. O'NEILL 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 deter- mination. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).