BVA9501240 DOCKET NO. 92-06 063 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Wichita, Kansas THE ISSUES 1. Entitlement to an increased rating for accrued benefit purposes for residuals of a fracture of T-12, currently evaluated as 10 percent disabling. 2. Entitlement to an increased rating for accrued benefit purposes for postoperative cholecystectomy, currently evaluated as 10 percent disabling. 3. Entitlement to a compensable evaluation for accrued benefit purposes for anxiety reaction. 4. Entitlement to service connection for the cause of the veteran's death. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD James R. Siegel, Counsel REMAND The veteran served on active duty from April 1942 to November 1943, and died in January 1991. The appellant is his widow. This matter comes before the Board of Veterans' Appeals (the Board) on appeal from decisions from the Regional Office (RO). By rating actions of April l991, the RO denied the appellant's claims of entitlement to increased evaluations, on an accrued basis, for the veteran's service-connected disabilities, and for service connection for the cause of the veteran's death. The veteran submitted a claim for an increased rating for his service-connected disabilities in October 1990. When he was examined by the Department of Veterans Affairs (VA) in December 1991, he reported that he was being treated by Elias Chediak, M.D., and by Dr. Gravino. Based on the findings of the VA examination, the RO by rating decision dated in February 1991, denied his claim. This was based on the conclusion that his psychiatric problems were attributable to dementia. The appellant subsequently filed a claim for accrued benefits. The death certificate shows that he died in January 1991 of renal failure due to sepsis and a urinary tract infection. It was noted that he died in Lawrence Memorial Hospital. However, neither the private physicians' records, nor the terminal hospital report have been obtained. At the time of the veteran's death, service connection was in effect for fracture of T-12, rated as 10 percent disabling; postoperative cholecystectomy, with scar, evaluated as 10 percent disabling; and for anxiety reaction, rated as noncompensable. Under the circumstances of this case, the Board finds that additional development of the record is required. Accordingly, the case is REMANDED to the RO for action as follows: 1. The RO should contact the appellant and request that he furnish the names, addresses, and dates of treatment of all medical providers from whom the veteran had received treatment for his service-connected disabilities since 1990. She should execute the proper authorization forms for release of this information. 2. Thereafter, the RO should seek to obtain copies of all treatment records referred to by the appellant, including the records of Dr. Chediak (601 Missouri, Lawrence, Kansas 66044), and Dr. Gravino (24th and Iowa, Lawrence, Kansas 66946). 3. Thereafter, the RO should have the veteran's claims folder reviewed by a specialist in psychiatry, if available. The psychiatrist should be requested to furnish an opinion concerning whether it is at least as likely as not that the veteran's psychiatric symptoms prior to his death were the result of his service-connected psychiatric disorder, as opposed to any other cause. If the symptoms are attributable to the service-connected disorder, the examiner is requested to provide a Global Assessment of Functioning (GAF) Score indicating the degree of impairment produced by the service connected disorder under the American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders, Third Edition Revised (1987). (DSM-IIIR) In order to assist the RO and the Board to comply with Thurber v. Brown, 5 Vet.App. 119 (1993), it is requested that the examiner incorporate in the report the definition of what the GAF Score means under DSM-IIIR. The claim folder and a copy of this remand must be made available to the examiner for review in conjunction with the examination. Following completion of the above, the RO should review the evidence and determine whether the appellant's claim may now be granted. If not, she and her representative should be furnished an appropriate supplemental statement of the case, and the case should then be returned to the Board for further appellate consideration. RICHARD B. FRANK 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).