BVA9505204 DOCKET NO. 93-13 013 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Columbia, South Carolina THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from October 1968 to September 1970. This matter comes before the Board of Veterans' Appeals (Board) from a July 1991 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Columbia, South Carolina. The representative has requested that the case be returned to the RO in order to allow for an evaluation of disabilities reported, but not examined, on the August and September 1992 medical evaluations. A review of these examinations discloses that the veteran was not afforded an examination of the spine, though he reported back complaints. At the August 1992 hearing, he also reported hip and psychiatric symptoms that were not assessed on the comprehensive examination. The Board observes that the general medical examiner reported diminished breath sounds for which no etiology was identified. This precludes an informed decision from being made at this time. The Board observes that in a communication received in June 1992, the veteran reported having submitted an application for Social Security Administration (SSA) benefits. At the hearing, he reported on the status of the application. The record, however, does not include relevant records from that agency relating to the outcome of the claim. In order to ensure that the VA has met its duty to assist the appellant with regard to developing the facts pertinent to a claim, and ensure due process, it is the opinion of the Board that further development as set forth below is desirable. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should request the veteran to provide the names and addresses of all health care providers who have treated him since 1990 for any disability. The RO should attempt to obtain copies of those treatment records identified by the veteran which have not been previously secured. 2. The RO should request from SSA whether the veteran receives any benefits based on disability. If so, the records pertinent to the appellant's claim for such benefits as well as the medical records relied upon concerning that claim should be requested. 3. Following completion of the above development, the veteran should be afforded a VA general medical examination, a psychiatric examination, and any additional examinations by specialists deemed warranted, to determine the nature and extent of all disabilities present. The psychiatric examination report should include a comprehensive employment history. The claims folder should be made available to the examiners prior to examination. All indicated tests should be accomplished. The medical examiner should provide an assessment of the industrial impairment from any diagnosed conditions. The psychiatric examiner should provide a Global Assessment of Functioning score and a narrative explanation of its significance. 4. When the above development has been completed, the case should again be reviewed by the RO and the rating action prepared which lists all of the veteran's disabilities and the percentage evaluation assigned for each disability. If the decision remains adverse to the veteran, he and his representative should be furnished with a supplemental statement of the case which includes a recitation of the percentage rating for each diagnosed disability; which cites the appropriate diagnostic codes and provides a discussion of their applicability to the veteran's disabilities; and which discuss the application of the two standards (average person and unemployability) by which a permanent and total disability rating for pension purposes may be assigned. They should then be afforded the applicable time 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 until he is further informed. The purpose of this REMAND is to obtain additional information and assure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. 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 Improvement 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).