BVA9505614 DOCKET NO. 93-15 311 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUE Entitlement to an increased evaluation for schizophrenic reaction, currently rated 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD S. L. Kennedy, Counsel REMAND The veteran served on active duty from February 1961 to September 1961. This appeal arises from a January 1992 rating decision of the Department of Veterans Affairs (VA), Huntington, West Virginia, Regional Office (RO). In that decision, the RO denied the veteran's claim of entitlement to an increased evaluation for his service-connected schizophrenic reaction, currently rated 30 percent disabling. The VA has a duty to assist a claimant in the development of facts pertinent to his or her claim under 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals has held that fulfillment of the VA's duty to assist the veteran includes providing him with a thorough and contemporaneous medical examination. Littke v. Derwinski, 1 Vet.App. 90, 92 (1990). The record on appeal reflects that the veteran was last afforded an examination for rating purposes in October 1991. Subsequently, the veteran has provided testimony and submitted a statement from his spouse which indicate that the symptomatology associated with his service-connected schizophrenic reaction has increased in severity since that time. In particular, the veteran was apparently employed at the time of the October 1991 VA examination. However, he reported thereafter that he had not worked since January 1992, and he attributed his termination and current unemployment, in part, to his service-connected psychiatric disorder. Although the Board of Veterans' Appeals (Board) has carefully reviewed the numerous outpatient treatment records relating to treatment received by the veteran since the October 1991 examination, the Board finds that these reports are not adequate for purposes of determining the current severity of the veteran's service-connected psychiatric disorder. Thus, the Board has determined that the RO should schedule the veteran for a VA psychiatric examination. The record on appeal also contains information that the veteran had applied for Social Security Administration disability benefits. The RO should ensure that all relevant Social Security Administration documents are procured and associated with the records assembled for appellate review. Fulfillment of the duty to assist the appellant includes the procurement and consideration of any relevant VA or other medical records. Ferraro v. Derwinski, 1 Vet.App. 326 (1991). The record reflects that the veteran has been receiving ongoing medical treatment for his service-connected psychiatric disorder at the Clarksburg, West Virginia, VA Medical Center. The RO should procure all available current treatment records from that facility. In view of the foregoing, and in order to fully and fairly adjudicate the veteran's claim, the case is REMANDED to the RO for the following action: 1. The RO should procure all available treatment records from the Clarksburg, West Virginia, VA Medical Center, dated from December 1992 through the present. 2. The RO should request from the Social Security Administration a copy of any decision awarding or denying benefits, and the medical and other records relied upon in their determination. 3. The veteran should be afforded a VA psychiatric examination to determine the nature and extent of his service-connected schizophrenic reaction. This examination should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated diagnostic tests and procedures, including appropriate recommended psychological studies, should be accomplished. The claims folder should be made available to the examiner prior to the examination. The examination report should contain all five multiaxial assessment levels as provided in the Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, including a numerical and narrative assessment of the veteran's level of functioning as measured by the Global Assessment of Functioning scale. Additionally, the examiner should specifically describe how the schizophrenic reaction affects the veteran's social relationships and employment opportunities. 4. Thereafter, the RO should readjudicate the veteran's claim. The rating should reflect consideration of the provisions of 38 C.F.R. § 3.321(b)(1). If the determina- tion remains adverse to the veteran, he should be provided a supplemental statement of the case which includes a summary of additional evidence and the reasons for the decision. The veteran and his represen- tative should be afforded the applicable time to respond. Thereafter, the case should be returned to the Board for further appellate review. The purpose of this REMAND is to obtain additional evidence and afford the appellant due process of law. The Board intimates no opinion, either factual or legal, as to the ultimate conclusion warranted in this case. 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. (CONTINUED ON NEXT PAGE) 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).