BVA9501431 DOCKET NO. 93-08 542 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Atlanta, Georgia THE ISSUE Entitlement to an increased evaluation for depressive reaction, currently rated as 10 percent disabling. REPRESENTATION Appellant represented by: Georgia Department of Veterans Service WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. Auer, Counsel REMAND The veteran served on active duty from February 1955 to September 1971. This appeal arises from a January 1992 rating decision of the Department of Veterans Affairs (VA), Atlanta, Georgia, Regional Office (RO). In that decision, an increased evaluation for depressive reaction was denied. The veteran asserts that he has been unable to work as a result of his service-connected disability. The veteran was given a VA examination in December 1991. The examiner remarked that she did not have the veteran's records available for review. The examiner did not provide a Global Assessment of Functioning (GAF) Score or otherwise indicate the degree to which the psychiatric disorder results in reduction in initiative, flexibility, efficiency and reliability levels. The Board of Veterans' Appeals (Board) also notes that a social and industrial survey has not been undertaken in order to determine the veteran's current social and industrial adaptability. The record, including the report of December 1991 VA examination and the transcript of the March 1992 hearing, do not provide sufficient information to properly evaluate the service-connected psychiatric disorder. The Board finds that the actions ordered below are warranted even though the development will further delay the entry of a final decision in this appeal. Accordingly, the claim is REMANDED for the following actions: 1. The veteran should identify all sources of medical treatment received for his psychiatric disorder. Copies of the medical records from all sources he identifies (not already in the claims folder) should be obtained and added to the claims folder. 2. A VA social and industrial survey should be conducted in order to clarify the veteran's medical, social, educational, and employment history. The social worker should elicit and set forth pertinent facts regarding the veteran's medical history, education, employment history, social adjustment, and current behavior and health. The social worker should offer an assessment of the veteran's current functioning and identify the conditions which limit his employment opportunities. Any potential employment opportunities should be identified. The claims file must be made available to the social worker in conjunction with the survey. 3. Following completion of the above development, the veteran should be scheduled for a VA psychiatric examination to determine the severity of the service- connected depressive reaction. The examination should be performed in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies, should be conducted. The claims file must be made available to and reviewed by the examiner prior to the evaluation. Based upon a review of the record and the examination, the physician must assign a GAF Score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders, and explain what the assigned score represents. The examiner should also provide an opinion, in light of the veteran's history and current symptomatology, regarding the effect his service-connected depressive reaction has on his ability to obtain and retain substantially gainful employment. A complete rationale for any opinion expressed must be provided. 4. When the above development has been completed, the RO should again review the veteran's claims, to include the claim that he is unemployable due to the service- connected psychiatric disorder. The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.16(b), or 4.16(c) if the rating is increased to 70 percent. If the determination made remains unfavorable, the RO should issue the veteran and his representative a supplemental statement of the case which summarizes the pertinent evidence, cites applicable legal provisions, and reflects detailed reasons and bases for the decision reached. They should be given the applicable period of time in which to respond. The case should be returned to the Board, if in order, after compliance with all regulatory 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. 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).