BVA9503643 DOCKET NO. 93-09 135 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound. REPRESENTATION Appellant represented by: Alabama Department of Veterans Affairs ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from July 1943 to April 1946. This appeal arose from a March 1993 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The RO denied entitlement to special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound. The case has been forwarded to the Board of Veterans' Appeals (Board) for appellate review. REMAND A review of the claims file discloses that the RO utilized recently dated VA outpatient treatment reports to determine that the appellant did not require the regular aid and attendance of another individual to assist him in daily care, and that he was not housebound by reason of his disabilities. The veteran was last formally examined by VA as to the nature, extent, and severity of his disabilities in August 1991. The veteran's disabilities have been reported to consist of an adjustment disorder with mixed emotional features, evaluated as 50 percent disabling; degenerative joint disease of both knees, evaluated as 20 percent disabling; hypertension, evaluated as 10 percent disabling; cholelithiasis, evaluated as 10 percent disabling; and post-traumatic stress disorder, evaluated as noncompensable. The combined schedular evaluation is 70 percent for pension purposes. As the VA outpatient treatment reports reviewed by the RO are not sufficiently expository as to the current nature, extent, and severity of the veteran's multiple disorders, the Board is of the opinion that contemporaneous VA examinations including an aid and attendance/housebound examination would materially assist in the adjudication of the claimant's appeal. Pursuant to VA's duty to assist in the development of facts pertinent to the appellant's claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.104(a) (1994), a final decision is being deferred pending a REMAND of the case to the RO for further development as follows: 1. The RO should schedule the veteran for an examination by a VA psychiatrist as well as an examination for aid and attendance/housebound benefits. The psychiatric examination should be conducted in accordance with the diagnostic procedures outlined in Chapter 14 of the VA Physician's Guide for Disability Evaluation Examinations. All indicated studies are to be undertaken. The psychiatric examiner should assign a numerical score based on the Global Assessment of Functioning Scale (GAF) provided in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, (3rd. ed. 1987) (DSM-III-R). It is imperative that the physicians include a definition of the numerical code assigned under DSM-III-R in order to comply with the requirements of Thurber v. Brown, 5 Vet.App. 119 (1993). The entire claims folder and a copy of this Remand must be made available to and reviewed by the examiners prior to the examinations. 2. The RO should review the examination reports to ensure that they are in complete compliance with the instructions contained in this Remand. If the examination reports are not in complete compliance, the RO should undertake appropriate corrective action. 3. After undertaking any development deemed appropriate in addition to that specified above, the RO must list all of the veteran's disabilities on a formal rating document, and readjudicate the issue of entitlement to special monthly pension by reason of being in need of aid and attendance or on account of being housebound. If the benefit requested on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case and afford a reasonable period of time for a response. Thereafter, the case should be returned to the Board for further appellate review, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. 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).