BVA9502940 DOCKET NO. 93-12 875 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Huntington, West Virginia THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from December 1970 to September 1971. This appeal arises from a January 1993 rating decision of the Huntington, West Virginia, regional office (RO). Initially, the Board of Veterans Appeals (Board) notes that while the case was pending before the Board, medical records from the VA Medical Center, Huntington, West Virginia, were added to the records assembled for appellate review. The RO has not yet had an opportunity to review this new evidence and the appellant has not waived his procedural right to have this additional evidence initially considered by the RO. 38 C.F.R. § 20.1304. The appellant's representative argues that not all of the appellant's diagnosed disabilities have been rated by the RO and that additional development is needed to determine the nature and severity of the appellant's disabilities. The appellant has not been accorded an examination by the Department of Veterans Affairs (VA). To ensure the appellant's receipt of due process and that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should contact the appellant and obtain the names and addresses of all health care providers where he has received treatment in recent years. Thereafter, the RO should obtain legible copies of all records which have not already been obtained, including complete medical records for all treatment provided the appellant at the VA Medical Center, Huntington, West Virginia. 2. Following completion of the above development, the appellant should be afforded a complete VA general medical examination to determine the nature and extent of all disabilities present. The claims folder should be made available to the examiner prior to the examination. The examination should be broad enough to cover all diseases, injuries, and residual conditions which are suggested by the appellant's complaints, symptoms or findings at the time of examination. All complaints or symptoms having a medical cause should be covered by a definite diagnosis. All indicated tests and studies should be accomplished. Clinical manifestations attributable to each disability should be reported in detail. The examiner should record a detailed personal history, with emphasis on the appellant's work history, and render an opinion as to what effect the disabilities found have on the appellant's ability to work. 3. When the above development has been completed, the case should again be reviewed by the RO. The rating decision should list all of the appellant's dis- abilities and the percentage evaluation assigned each disability. The rating decision should also reflect consideration of the "average person" and the "unemployability" standards, as well as the applicability of the provisions of 38 C.F.R. 3.321(b)(2). 4. If the determination is unfavorable to the appellant, the RO should provide the appellant and his representative with a supplemental statement of the case (SSOC) that sets forth the additional evidence, the rating assigned and the appropriate rating criteria for all disabilities of record, with a discussion of the applicability of the criteria to the appellant's disabilities. The SSOC should also contain a discussion of the application of the two standards (average person and unemployability) by which a permanent and total disability rating for pension purposes may be assigned. They should then be afforded the applicable time to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The appellant need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure the appellant's receipt of due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. GARY L. GICK 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 deter- mination. 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. 103-446, § 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) (1993).