BVA9502654 DOCKET NO. 93-09 953 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Fort Harrison, Montana THE ISSUE Entitlement to an increased rating for anxiety reaction, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Jeffrey A. Pisaro, Counsel REMAND The veteran had active service from December 1942 to February 1946. This appeal arises from a June 1992 rating decision of the Fort Harrison, Montana, Regional Office (RO). The veteran testified in August 1992 that he suffered from acute social and industrial impairment. He indicated that he was unable to get along with people, even with his wife of many years who had recently left him. He also described an inability to control his temper, severe sleep disturbance, and frequent nightmares. The veteran indicated that medications did little to alleviate his symptoms and that he had requested VA mental health treatment, which had been denied. Available treatment records from the Fort Harrison VA medical center show reports of increasing nervousness. Although a psychological consultation was scheduled in December 1991, there is no record of an evaluation. Unfortunately, the October 1992 VA psychiatric examination report is inadequate to assess the impact of the veteran's psychoneurotic symptomatology on his social and industrial adaptability inasmuch as the examiner did not provide a Global Assessment of Functioning scale code or otherwise indicate the degree to which the psychiatric disorder results in reduction in initiative, flexibility, efficiency and reliability levels. In view of the foregoing, the Board is persuaded that the veteran should be afforded further VA psychiatric examination in connection with this appeal. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and obtain the names and addresses of all mental health care providers from whom he has received treatment for his psycho- neurosis in recent years. Thereafter, the RO should obtain legible copies of all records which have not already been obtained, to include those from the Fort Harrison VA medical center from June 1992 to the present. Once obtained, all records must be associated with the claims folder. 2. Following completion of the above development, the veteran should be afforded a comprehensive VA examination in psychiatry. This study should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, should be conducted. The claims file must be made available to and reviewed by the examiner prior to the examination. The disability should be evaluated in relation to its history, with emphasis upon the limitation of activity imposed by the service-connected psychoneurosis. The examiner should assign a Global Assessment of Functioning Score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual For Mental Disorders, and explain what the assigned score represents. In addition, the examiner should also discuss the impairment of the veteran's ability to establish and maintain relationships as well as the reduction in initiative, efficiency and reliability levels which may be attributable to the psychoneurosis (as distinct from impairment attributable to other conditions). 3. Following completion of the foregoing, the RO must review the claims folder and ensure that the foregoing development has been completed in full. If any development is incomplete, appropriate corrective action should be implemented. When the requested development is fully completed, the RO should readjudicate the veteran's claim. The rating decision should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1), 4.7, 4.129, and 4.130. If the claim is not granted to the veteran's satisfaction, he and his representative should be furnished with a supplemental statement of the case. 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 veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure 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).