BVA9508275 DOCKET NO. 93-18 279 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York and received from the St. Petersburg, Florida Regional Office THE ISSUES 1. Entitlement to an increased evaluation for generalized anxiety disorder, currently rated at 70 percent. 2. Entitlement to a total evaluation based upon individual unemployability due to service-connected disability. ATTORNEY FOR THE BOARD C. M. Flatley, Counsel REMAND The veteran had active service from December 1942 to September 1944. This case comes before the Board of Veterans' Appeals (Board) on appeal from a March 1992 rating decision of the New York Department of Veterans Affairs (VA) regional office (RO). The veteran's claims folder was subsequently transferred to the St. Petersburg, Florida, RO; the statement of the case was issued and the veteran's appeal was certified from that office. The record reflects that the veteran moved from New York to Florida in the course of the development of his claim. In response to a May 1992 inquiry from the New York RO, the U.S. Postal Service reported that the veteran had moved and left no forwarding address. The veteran's July 1992 substantive appeal records a New York address. A computer-generated entry dated in September 1992 reflects that the veteran's psychiatric examination had been scheduled in the "incorrect jurisdiction" and was canceled. The veteran's records were transferred from New York to Florida in November 1992. The RO based its determination upon a November 1991 letter from the veteran's private physician in New York, who indicated that the veteran had also received treatment at St. Alban's VA Clinic; there is no indication whether the veteran continues to receive psychiatric treatment. In addition, although the veteran's only service-connected disability is his generalized anxiety disorder, rated at 70 percent, adjudication of the veteran's case did not include consideration of the provisions of 38 C.F.R. § 4.16(c) (1994). Under the circumstances, the Board is of the opinion that in order to fully assist the veteran, further development is warranted. This case is therefore REMANDED for the following: 1. After any necessary information and authorization are obtained from the veteran, copies of any post-1991 treatment reports, VA or private, inpatient or outpatient, associated with his generalized anxiety disorder, should be obtained by the RO and incorporated into the claims folder. In this regard, attention is directed to the veteran's most recently noted address on VA Form 9, received in August 1993. 2. A VA psychiatric examination should be arranged to determine the extent and severity of the veteran's service-connected generalized anxiety disorder. The examination should be conducted in accordance with the pertinent provisions of the VA's Physician's Guide for Disability Evaluation Examinations. The examination report should include a a social and industrial history. The examiner should identify the level of functional impairment associated with the veteran's service- connected generalized anxiety disorder and should assign a Global Assessment of Functioning score. The examiner should explain the meaning of the numerical score assigned and should provide an assessment of the extent to which the veteran's generalized anxiety disorder interferes with his initiative, flexibility, efficiency and reliability levels. The rationale for the conclusions reached should be reported. The veteran's claims folder should be made available to the examiner for review prior to the examination. 4. The RO should then review the veteran's claim. All pertinent law, regulations, and United States Court of Veterans Appeals (Court) decisions should be considered, including 38 C.F.R. §§ 3.321(b)(1), 4.7, 4.16(c), 4.129, and 4.130 (1994). The veteran should be provided with a supplemental statement of the case, which includes all pertinent law and regulations and a full discussion of action taken on the veteran's claim. The applicable response time should be allowed. The case should then be returned to the Board, if in order, after compliance with customary appellate procedures. No action is required of the veteran until he is so informed. The Board intimates no opinion as to the ultimate decision warranted in this case, pending completion of the requested development. CHARLES E. HOGEBOOM 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. 133-446, § 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) (1994).