BVA9506448 DOCKET NO. 93-13 094 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to an increased rating for post-traumatic stress disorder, currently rated 30 percent disabling. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel INTRODUCTION The veteran had active military service from May 1944 to February 1946. This appeal comes before the Board of Veterans' Appeals (Board) from a December 1992 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in New Orleans, Louisiana, that granted service connection for post-traumatic stress disorder (PTSD) and rated the disorder 30 percent disabling. In a June 1994 communication, the veteran appears to have raised the issue of service connection for a fungal infection of the feet. This matter has not previously been adjudicated. It is referred to the RO for further action. REMAND This case was received at the Board in June 1993. Documents subsequently added to the records assembled for appellate review reflect that the veteran was hospitalized at a VA medical center from June to August 1994 for treatment of PTSD. The records of this treatment have not yet been reviewed by the RO. Additionally, the Board observes that in the above mentioned June 1994 communication, the veteran asserted he was unemployable and should receive a 100 percent rating. The representative has requested that the case be returned to the RO for additional development. 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 provided with an application for increased compensation based on individual unemployability due to service-connected disability. At the same time he should be asked to provide the names and addresses of all medical care providers who treated him recently for PTSD. After securing the necessary release, the RO should obtain these records. 2. The veteran should be afforded a psychiatric examination to determine the current severity of his PTSD. The claims folder should be made available to the examiner for review before the examination. The examiner should elicit from the veteran a detailed work history, as well as historical medical and social data. All indicated psychological tests should be accomplished. All symptoms attributable to PTSD should be identified. The examiner should assign a Global Assessment of Func- tioning scale code and provide a narrative describing the level of disability as represented by the assigned code. In addition, the examiner should discuss the impairment of initiative, efficiency and reliability levels which may be attributable to the PTSD. 3. When the above development has been completed the RO should readjudicate the veteran's claim. If it has not been rendered moot, the claim for a total rating based on individual unemployability should also be adjudicated. The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.16(b) or 4.16(c), whichever may be applicable. If any benefit sought on appeal is not granted to the satisfaction of the veteran, a Supplemental Statement of the Case should be issued and the veteran and his representative provided the applicable time to respond. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. 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. GARY L. GICK 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).