BVA9506438 DOCKET NO. 93-14 575 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in White River Junction, Vermont THE ISSUE Entitlement to an increased evaluation for post-traumatic stress disorder, currently rated 30 percent disabling. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel INTRODUCTION The veteran had active service from January 1968 to September 1969. This appeal arises from a December 1992 rating decision which continued a 30 percent disability evaluation for post-traumatic stress disorder. The veteran has raised the issues of service connection for headaches as secondary to post-traumatic stress disorder and a total rating for compensation purposes based on individual unemployability. These issues are referred to the originating agency for appropriate action. REMAND A copy of a September 1993 decision awarding the veteran Social Security disability benefits has been received. While the Board of Veterans' Appeals (Board) subsequently remanded the veteran's claim by letter, the originating agency apparently did not have the opportunity to request the veteran's medical records from the Social Security Administration or issue a supplemental statement of the case. It is herein noted that the veteran, at his hearing on appeal, indicated that he received treatment at a Veterans Center and had been in Vocational Rehabilitation. In view of the foregoing, the Board of Veterans' Appeals (Board) finds that the issue should be REMANDED to the originating agency for the following action: 1. The originating agency should contact the Social Security Administration in order to obtain legible copies of those portions of the evidentiary record, including medical records, upon which the grant of disability benefits was based. The documents obtained should be associated with the veteran's claims file. 2. The originating agency should request copies of all of the veteran's VA outpatient treatment records dated subsequent to September 1992 and any inpatient treatment records from the Department of Veterans Affairs (VA) Medical Center, White River Junction, as well as copies of all of the veteran's treatment records from the Veterans Center. The veteran's Vocational Rehabilitation file should also be obtained. All documents obtained should be associated with the veteran's claims file. 3. Following completion of the above development, the veteran should be scheduled for a VA psychiatric examination to determine the severity of the service- connected post-traumatic stress disorder. The examination, which should be conducted by a physician who has not previously examined the veteran, is to be performed in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies, should be conducted. The claims file must be made available to and reviewed by the examiner prior to the evaluation. Based upon a review of the record and the examination, the physician must assign a GAF Score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders, and explain what the assigned score represents. A legible report of the examination should be provided. 4. When the above development has been completed the originating agency should readjudicate the veteran's entitlement to a rating in excess of 30 percent for post- traumatic stress disorder. If the determination made remains unfavorable to the veteran, a supplemental statement of the case which provides a summary of the evidence received since the statement of the case should be issued to the veteran and his representative. They should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and to afford the veteran due process. E. M. KRENZER 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 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) (1994).