BVA9506094 DOCKET NO. 88-14 606 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Providence, Rhode Island THE ISSUE Entitlement to restoration of a 50 percent rating for post- traumatic stress disorder (PTSD). REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Sabrina M. Tilley, Counsel REMAND The veteran served on active duty from February 1967 to February 1970. This matter originally came to the Board of Veterans' Appeals (Board) on appeal from the October 1986 rating decision, in which the Regional Office (RO) confirmed and continued the 30 percent rating for the service-connected PTSD. This disability rating had been reduced from a 50 percent rating by a previous rating decision in September 1986. This case was previously before the Board, but was remanded in May 1990 and again May 1992 for additional development. Following the May 1992 remand, the RO afforded the veteran an additional Department of Veterans Affairs (VA) psychiatric examination in December 1993. The VA psychiatrist reached the conclusion that the veteran had depressive disorder, recurrent, severe, without psychotic features. Social phobia, simple phobia, alcohol dependence, cannabis dependence, cocaine dependence, and a personality disorder were noted as well. There was no diagnosis of PTSD, the condition for which the veteran is currently in receipt of compensation benefits. The Board finds it critically important to the issue at hand to determine if the veteran currently has symptoms of PTSD and if depressive disorder, the phobias, substance abuse, and the personality disorder are either related to or distinguishable from the veteran's PTSD. Incidentally, an opinion as to this latter concern was addressed in the previous Board remand. In view of the foregoing, the case is remanded again to the RO for the following actions: 1. The veteran's clinical records should be reviewed by a psychiatrist, who is requested to determine the current nature and severity of the veteran's service- connected psychiatric disability. In particular, the psychiatrist is requested to determine if the veteran currently has PTSD. If PTSD is present, the psychiatrist should determine the current severity of that disorder. Also, the psychiatrist is requested to comment on the medical probability that any of the veteran's other psychiatric conditions, including depressive disorder, phobias, substance abuse, or personality disorder, are related to his service-connected PTSD. The clinical basis of the decision reached should be set forth in detail. The examination report should include a complete diagnostic assessment consistent with the Diagnostic and Statistical Manual of Mental Disorder, Third Edition, Revised, of the American Psychiatric Association (DSM-III-R), including the Global Assessment of Functioning (GAF) scale on Axis V. The psychiatrist is requested to comment on how the clinical findings impact on the veteran's social and industrial adaptability. 2. The RO then should review the veteran's claim for a restoration of a 50 percent rating for PTSD in light of the additional development. If the benefit sought on appeal is not granted, then the veteran and his representative should be provided with a supplemental statement of the case. After he and his representative have been given an opportunity to respond, the case file should be returned to the Board for further appellate review, if necessary. The purposes of this REMAND are to procure clarifying data and to comply with governing adjudicative procedures. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of this appeal. LAWRENCE M. SULLIVAN 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) (1994).