BVA9501419 DOCKET NO. 89-09 376 ) DATE ) RECONSIDERATION ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to a total rating for post-traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARINGS ON APPEAL Appellant, his spouse, J. Kennedy and B. Kennedy ATTORNEY FOR THE BOARD K. Hudson, Associate Counsel INTRODUCTION The veteran had active service from September 1967 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a regional office (RO) rating decision of April 1988 which granted service connection for PTSD and assigned a 30 percent evaluation, effective October 1987. The Board, by decision dated in November 1989, granted a 70 percent rating for PTSD, but did not consider whether a total rating was warranted. By rating action of December 1989, the 70 percent evaluation was implemented, effective in October 1987. Subsequently, the veteran filed a claim for an increased evaluation, and, by rating action of May 1992, a 100 percent rating was granted, effective in October 1990. The veteran appealed, contending that the effective date of the 100 percent evaluation should be October 1987. A hearing was held on July 1993 in Washington, D.C., before J. Blasingame, who is a member of the Board section rendering the final determination in this claim and was designated by the chairman to conduct that hearing, pursuant to 38 U.S.C.A. § 7102(b) (West 1991). Subsequently, in April 1994, the Board moved for reconsideration of the November 1989 decision, pursuant to the authority granted by 38 U.S.C.A. § 7103 (West 1991). Reconsideration was ordered, and this remand by an expanded reconsideration section replaces the November 1989 decision of the Board. REMAND The appellant has presented a well-grounded claim, and, therefore, the Department of Veterans Affairs has a statutory obligation to assist him in the development of his claim. 38 U.S.C.A. § 5107(a) (West 1991). The veteran contends that he has been totally disabled due to PTSD since he first sought treatment in 1987. The evidence indicates the veteran is not employed, and that his most recent work consisted of self-employment. However, there are several different versions of the veteran's post-service employment history of record. For example, in his initial claim filed in October 1987, he reported "off and on" employment in sales; however, subsequently, he has claimed to be unemployed since 1983 or 1984. Since his reported employment has been self-employment, and thus cannot be corroborated by employers, we are of the opinion that his employment status during the pertinent time period should be ascertained via his tax returns. In addition, evidence indicates he is in receipt of Social Security disability benefits. The United States Court of Veterans Appeals (Court) has held that the duty to assist is triggered by actual knowledge of the existence of Social Security Administration (SSA) records which may be relevant, and that records pertaining to SSA disability benefits are relevant to the issue of unemployability under VA law. Murincsak v. Derwinski, 2 Vet.App. 363, 370-372 (1992). Thus, the VA must attempt to obtain these records. In addition, we note that the RO has considered the veteran's co- existing alcohol and drug abuse to be unrelated to the PTSD, and we are of the opinion that a formal evaluation should be conducted to ascertain whether there is an etiological relationship between substance abuse and PTSD, and that the veteran must then be informed of the determination. Accordingly, this case is REMANDED for the following: 1. The RO should obtain copies of all administrative and medical records compiled and/or utilized by the Social Security Administration in connection with an award of disability benefits to the veteran. 2. The veteran should be asked to complete and return Income-Net Worth and Employment Statements covering the years from 1987 throughout 1989, together with copies of his Federal income tax returns for the years 1987 through 1989. 3. The veteran should be scheduled for a special VA psychiatric examination to determine (1) the manifestations and severity of his service-connected PTSD, and (2) whether any co-existing psychiatric disorder, including drug and/or alcohol abuse is due to or the result of PTSD. Any indicated studies should be conducted, and all findings should be reported in detail. The examiner should be requested to express an opinion as to the impairment in the veteran's ability to work that results from PTSD, and any disorders found to be associated therewith, and to state the reasons for any conclusions reached. The claims folder must be available to the examiner for review prior to the examination. 4. Following the requested development, the RO should review the veteran's claim for a total rating filed in October 1987, both on a schedular basis and pursuant to 38 C.F.R. § 4.16(c) (1993). In connection with this determination, the RO should also decide whether any substance abuse disorder is associated with PTSD. The veteran should be informed of the determination on that issue, and afforded an opportunity to appeal if indicated. After completion of the requested development, if the decision remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and afforded an opportunity to respond. Thereafter, the case should be returned to the Board for appellate consideration, if otherwise in order. C. P. RUSSELL BETTINA S. CALLAWAY JACK W. BLASINGAME J.J. SCHULE J. F. GOUGH STEPHEN L. WILKINS 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).