BVA9504520 DOCKET NO. 93-04 380 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Paul, Minnesota THE ISSUES 1. Entitlement to an increased rating for a low back disability, currently evaluated as 40 percent disabling. 2. Entitlement to an increased rating for psychotic depression with tension headaches, currently evaluated as 30 percent disabling. 3. Entitlement to an increased rating for bursitis of the right shoulder, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from July 1978 to April 1987. This appeal comes to the Board of Veterans' Appeals (Board) from a March 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota. REMAND Subsequent to the Board's receiving this case, the veteran filed a claim for a total rating based on individual unemployability. Accompanying the claim was a decision of the Social Security Administration (SSA) which granted the veteran disability benefits. Numerous medical reports which were listed by the SSA as evidence upon which it relied, are not of record here. These records should be obtained for consideration of the issues on appeal and of the unemployability issue. In addition, a new VA examination should be conducted. In view of the foregoing, the Board concludes that further RO actions, as specified below, are necessary. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the SSA and request copies of the records upon which the award to grant disability benefits was based, including all medical records. 2. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for low back disability, psychotic depression with tension headaches, bursitis of the right shoulder, bilateral pes planus, and sinus tachycardia in recent years. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. 3. Then, the RO should arrange for a VA examination of the veteran, by a board certified orthopedist, if available, to determine the current nature and extent of his low back disability, bursitis of the right shoulder, and bilateral pes planus. All indicated studies should be performed. It is imperative that the claims folder and a copy of this Remand be provided to the examining physician for review prior to the examination. The examiner is requested to provide an opinion, with detailed rationale, as to the effect of the veteran's disabilities on his industrial capacity. 4. The RO should arrange for a VA examination of the veteran, by a board certified psychiatrist, if available, to determine the current nature and extent of his psychotic depression with tension headaches. All indicated studies should be performed. It is imperative that the claims folder and a copy of this Remand be provided to the examining physician for review prior to the examination. The examiner is requested to provide an opinion, with detailed rationale, as to the effect of the veteran's psychiatric disability on his industrial capacity. 5. The RO should arrange for a VA examination of the veteran, by a board certified cardiologist, if available, to determine the current nature and extent of his sinus tachycardia. All indicated studies should be performed. It is imperative that the claims folder and a copy of this Remand be provided to the examining physician for review prior to the examination. The examiner is requested to provide an opinion, with detailed rationale, as to the effect of the veteran's heart disability on his industrial capacity. 6. The RO should develop and adjudicate the issue of entitlement to a total rating based on individual unemployability undertaking any other indicated development, to include providing the veteran with other appropriate VA examinations if so indicated. 7. The RO should then readjudicate the issues on appeal. If any of the foregoing claims is not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case on all issues in appellate status and be afforded a reasonable opportunity to reply. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. F. JUDGE FLOWERS Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).