BVA9500221 DOCKET NO. 93-10 518 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE 1. Entitlement to an increased evaluation for post-traumatic stress disorder, currently evaluated as 50 percent disabling. 2. Entitlement to a total rating for compensation purposes pursuant to 38 C.F.R. § 4.16. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert P. Regan, Counsel INTRODUCTION The appellant served on active duty from November 1967 to July 1969. This matter came before the Board of Veterans' Appeals (Board) on appeal of a December 1991 rating determination by the Department of Veterans Affairs (VA) Regional Office (RO) located in Cleveland, Ohio. The appellant, in his substantive appeal, has raised the issue of entitlement to a total rating for compensation purposes based upon individual unemployability. This issue, as set forth in the title page of this remand, is included in the issue of entitlement to an increased evaluation for post-traumatic stress disorder, and is properly before the Board for appellate consideration at this time. REMAND During the most recent VA psychiatric evaluation in July 1992, the appellant indicated that he had been awarded Social Security disability benefits by the Social Security Administration (SSA). The Board is of the opinion that the SSA decision and the evidence upon which that decision was predicated is pertinent to the appellant's claim. While the case was pending before the Board, the appellant submitted private medical records which the RO has not had the opportunity to review. The Board is of the opinion that a contemporaneous and thorough VA examination would be of assistance in entering a determination in this case. In accordance with the statutory duty to assist the appellant in the development of evidence pertinent to his claim, the case is REMANDED for the following actions: 1. The RO should furnish the appellant the appropriate release of information forms in order to obtain copies of any private medical records pertaining to treatment for his psychiatric illness subsequent to May 22, 1992. The RO should take the appropriate action in order to obtain copies of the SSA decision awarding disability benefits and the evidence on which that decision was based. 2. The RO should obtain copies of the medical records from the VA facility located in Brecksville, Ohio, covering the period from June 11, 1992, up to the present. 3. VA psychiatric and psychological evaluations should be performed in order to determine the nature and severity of the appellant's psychiatric illness. It is requested that the examiner conduct a thorough review of the appellant's adjudications claim folder, prior to rendering a diagnosis. It is further requested that the psychiatric examiner, to the extent possible, identify the symptoms and manifestations attributed to post-traumatic stress disorder versus any other psychiatric illness found during the examination. Thereafter, the case should be reviewed by the RO. This review should include consideration of the applicability of 38 C.F.R. § 4.16 (1993). If the benefit sought is not granted, the appellant and his representative should be furnished a supplemental statement of the case, to include 38 C.F.R. § 4.16, and an opportunity to respond. The case should then be returned to the Board for further appellate consideration. ALBERT D. TUTERA 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) (1993).