BVA9501230 DOCKET NO. 92-23 666 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Wayne A. Tonkins, Associate Counsel INTRODUCTION The veteran served on active duty from April 1967 to April 1970. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a rating decision dated in July 1992 from the Cleveland, Ohio, Regional Office (hereinafter RO), which denied a permanent and total disability rating for pension purposes. REMAND The veteran contends that he is unable to work due to his physical disabilities and his very bad nerves. In particular, the veteran asserts that he has a chronic urinary tract infection, prostate trouble, a hernia, sores on his right leg and that being around people cause stress and nervousness. The veteran maintains that, with the overall effect of his disabilities, he is unable to work. In reviewing the record, this panel of the Board notes that various precedent opinions of the United States Court of Veterans Appeals (COVA) have had a profound impact on adjudication of pension benefits. For example, in Brown v. Derwinski, 2 Vet. App. 444 (1992) it was indicated that all of the disabilities must be rated. Here, on the latest VA examination of May 1992, there was evidence of a septal deviation with nasal obstruction. This has not been formally rated. Moreover, the rating criteria for genitourinary disabilities have changed since the veteran's urinary difficulties were rated. Furthermore, the general medical examination conducted in 1992 is not dated, and appeared abbreviated. Accordingly, the case is being REMANDED for the following action: 1. The veteran should be afforded a general medical examination to determine the present extent and severity of his disabilities. Any specialty examinations deemed appropriate by the examiner should be conducted. The claims folder should be made available to the examiner for study prior to the evaluation. 2. After completion of the above, all of the veteran's disabilities should be formally rated consistent with current rating criteria. 3. In evaluating the veteran's claim, the RO should consider whether the veteran is capable of more than marginal employment in light of his work experience and wage history. When the above development has been completed, the case should again be reviewed by the originating agency. The rating board should consider the claim under both the "average person" and "unemployability" standards. See C.F.R. §§ 4.15, 4.17 (1993). If the decision remains adverse to the veteran, he and his representative should be furnished a Supplemental Statement of the Case and afforded a reasonable period 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 unless he is further informed. The purpose of this REMAND is to obtain additional evidence and no inference should be drawn from it regarding the final disposition of the claim. E. W. SEERY 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 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).