BVA9505605 DOCKET NO. 93-14 828 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Entitlement to an increased rating for a brief reactive psychosis, currently evaluated as 10 percent disabling. 2. Entitlement to an increased (compensable) rating for rheumatoid arthritis. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate for Veterans Affairs WITNESSES AT HEARING ON APPEAL Appellant and Spous ATTORNEY FOR THE BOARD Brian J. Milmoe, Counsel REMAND The veteran served on active duty from February 1952 to February 1954. Preliminary review of the record reveals that the veteran has not been afforded a Department of Veterans Affairs (VA) psychiatric examination in connection with the claim for increase herein at issue. In fact, no such evaluation has been attempted since 1984. It is evident that a VA orthopedic examination was scheduled to occur during 1991, to which the veteran failed to report. Also noted are many untranslated documents which have been submitted to the VA Regional Office (RO) in San Juan, Puerto Rico, and additional action relating thereto is needed prior to appellate consideration of the merits of the issues presented. Accordingly, the instant case is hereby REMANDED to the RO for the completion of the following actions: 1. All documents submitted to the RO by or on behalf of the veteran since 1987 which have not to date been translated into English should be appropriately translated. 2. All VA inpatient and outpatient treatment records involving the veteran's service-connected psychiatric disability and rheumatoid arthritis, which have been compiled since February 1992 at the VA Medial Center in San Juan or other applicable facility, should be obtained and added to the claims folder. 3. The RO should contact the veteran in writing for the purpose of advising him of his right to submit additional evidence in support of his claim for increase for disabilities involving a brief reactive psychosis and rheumatoid arthritis. If needed, any untranslated response from the veteran should be appropriately translated and in the event that the veteran specifies that he has received treatment from non-VA providers, records of treatment from those physicians or institutions should be secured for inclusion in the claims folder. 4. The veteran should be afforded medical examinations by VA specialists in psychiatry and orthopedics for the purpose of determining the nature and severity of his service-connected brief reactive psychosis and rheumatoid arthritis, respectively. Such evaluations should be conducted in accordance with the applicable provisions, specifically, Chapters 2 and 14, respectively, of the VA's Physician's Guide for Disability Evaluation Examinations. Any and all indicated tests should be performed. It is imperative that the psychiatric examiner, following a review of the claims folder in its entirety and the completion of a detailed mental status examination of the veteran, specifically assess the severity of the service-connected psychiatric disorder in terms of the resulting impairment of social and industrial adaptability. As well, the psychiatrist should assess the psychiatric disability in terms of the Global Assessment of Functioning Scale and provide detailed reasons for the score assigned. The orthopedic examiner should be asked to specify, to the extent possible, what joints, if any, are specifically affected by rheumatoid arthritis and to what degree. The manifestations of the affected joints should be specifically outlined. The claims folder should be provided in its entirety to each examiner for use in the study of this case. Thereafter, the record should be reviewed in its entirety by the RO and the claims for increase readjudicated. If the action taken remains adverse to the veteran in any way, he and his representative should be provided with a supplemental statement of the case. They should then be afforded a reasonable period of time in which 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 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).