BVA9506012 DOCKET NO. 93-10 957 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs ATTORNEY FOR THE BOARD Robert E. P. Jones, Associate Counsel REMAND The veteran served on active duty from August 1949 to January 1953. This matter came before the Board of Veterans' Appeals (Board) on appeal from a February 1993 rating decision by the Montgomery, Alabama, Regional Office (RO). The veteran seeks a permanent and total disability rating for pension purposes. The veteran has reported that he has been awarded Social Security disability benefits in lieu of social security retirement benefits. The Social Security administrative law judge decision and the medical records upon which this decision was based are not contained in the veteran's record. The veteran has offered to document this information. The veteran has also claimed to have a right eye disability which did not appear to be reviewed on the Department of Veterans Affairs examination in October 1992 The examiner also noted an enlarged liver and peptic ulcer disease, but did not comment on the severity of those disabilities or his chronic obstructive pulmonary disease. In light of the foregoing, this case is hereby REMANDED to the agency of original jurisdiction for the following actions: 1. The veteran should be requested to furnish the documentation of his social security disability. If he cannot provide the information, the RO should contact the Social Security Administration and request a copy of the administrative law judge decision which awarded the veteran disability benefits. The RO should also request copies of all medical records upon which that decision was based. All copies obtained should be incorporated into the record. 2. The RO should contact the Birmingham, Alabama VA Medical Center and request copies of all of the veteran's treatment records, both inpatient and outpatient, dated subsequent to April 1992. All copies obtained should be incorporated into the record. 3. After the above action has been completed, the RO should schedule the veteran for, special eye, orthopedic, pulmonary, gastrointestinal and cardiovascular examinations and an audiometric evaluation to determine the nature and extent of all the veteran's claimed disabilities. All tests and studies deemed necessary should be performed and all clinical manifestations should be reported in detail. The veteran's claims file should be made available and reviewed by the examiners prior to the examinations. 4. Thereafter, the RO should assign, in accordance with the Schedule for Rating Disabilities, a disability evaluation for each of the veteran's disabilities and review the veteran's claim by considering the "average person" standard under 38 U.S.C.A. § 1502(a)(1) (West 1991) as well as the "unemployability" standard under 38 C.F.R. §§ 4.17 and 3.321(b)(2) (1994). 5. If the determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth a summary of the evidence received since the March 1993 statement of the case should be provided to the veteran and his representative. The appropriate diagnostic codes and a discussion of their applicability to the veteran's disabilities and a discussion of the "average person" and "unemployability" standards should be included. The veteran and his representative should be given the appropriate period of time in which to respond. Thereafter, subject to current appellate procedure, the claim should be returned to the Board for further consideration, if otherwise in order. The purposes of this REMAND are to obtain clarifying medical information and to ensure all due process. No action is required by the veteran until he receives further notice. The Board intimates no opinion, either legal or factual, as to the disposition warranted in this case pending completion of the above action. ROBERT D. PHILIPP 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) (1994).