BVA9503108 DOCKET NO. 92-18 188 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUES 1. Entitlement to an increased rating for chronic undifferentiated-type schizophrenia, currently evaluated as 10 percent disabling. 2. Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD P. A. Dowdell, Associate Counsel INTRODUCTION The veteran served on active duty from September 1969 to May 1970. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a May 1991 rating decision from the St. Paul, Minnesota, Regional Office (RO), which denied entitlement to a permanent and total disability rating for pension purposes. This appeal also arises from a January 1992 rating action which confirmed a 10 percent evaluation for chronic undifferentiated-type schizophrenia. In April 1994, the Board of Veterans' Appeals remanded the case to the RO for further development of the medical evidence. REMAND The veteran contends, in essence, that the RO committed error when it denied him a total disability rating for pension purposes. He specifically alleges that he is no longer able to work, and that he is totally disabled due to various physical and mental conditions. We are of the opinion that additional development should be accomplished prior to further appellate review of this case. In reviewing the documents of record, we observe that although VA examinations were performed in December 1991, the examinations were not adequate to evaluate the veteran's nonservice-connected residuals of right eye injury, including loss of visual acuity in the right eye, postoperative residuals of bilateral carpal tunnel syndrome, degenerative disc disease of the cervical spine, to include muscle ligament strain, and ligament strain of the thoracic spine. To ensure that the Department of Veterans Affairs (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 regional office (RO) for the following development: 1. The RO should request the veteran undergo a comprehensive VA medical examination to determine the nature and extent, of any and all disabilities that might be currently manifested. All tests indicated, to include range of motion, neurological, and radiological studies, are to be conducted at this time. The examiner should set forth all findings, along with the reasons and bases therefor, in a clear, comprehensive, and legible manner on the examination report. The claims folder is to be made available to the examiner prior to examination. 2. The RO should schedule a social and industrial survey to determine the veteran's employability. 3. The RO must identify and rate all of the veteran's current disabilities. Thereafter, it must determine the combined evaluations for all those disabilities, appropriately grouped as either service-connected or nonservice- connected. 4. Thereafter, the RO should again review the veteran's claim for a permanent and total disability rating for pension purposes, utilizing both the "average person" test set forth at 38 U.S.C.A. § 1502(a)(1) (West 1991) and 38 C.F.R. § 4.15 (1993) and "unemployability" test set forth at 38 C.F.R. § 4.17 (1993). If such a rating cannot be granted under either test, the RO should consider granting this rating pursuant to the provisions of 38 C.F.R. § 3.321(b)(2) (1993). 5. If any decision still remains adverse to the veteran, he and his representative should be provided a supple-mental statement of the case, with a reasonable period of time within which to respond thereto. A supplemental statement of the case should set forth all of the pertinent laws and regulations that were not presented in the previous statement of the case, to include those cited above and the various diagnostic standards by which the severity of the veteran's disabilities were ascertained. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. Appellate consideration of the issue of entitlement to an increased rating for chronic undifferentiated-type schizophrenia is deferred pending completion of the actions requested in this decision. LAWRENCE M. SULLIVAN 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 remand 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).