BVA9507482 DOCKET NO. 93-18 437 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to an increased evaluation for post-traumatic stress disorder (PTSD), currently rated as 50 percent disabling. REPRESENTATION Appellant represented by: Arizona Veterans Service Commission WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty from October 1967 to July 1969. This case came before the Board of Veterans' Appeals (Board) on appeal from an August 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Phoenix, Arizona. Although the veteran indicated in his October 1991 notice of disagreement that he was unemployable due to his PTSD, subsequent correspondence by and on behalf of the veteran does not refer to his unemployability. REMAND A review of the claims file reveals that the most recent VA psychiatric examination was in February 1984 and that subsequent medical reports from G. Robert Baker, Ph.D., and James G. Hill, M.D., which are dated from March 1990 to June 1992, indicate that the veteran is severely impaired as a result of his PTSD. The Board also notes that the veteran was hospitalized at a VA facility for treatment of PTSD and depression caused by a divorce and the loss of his job; it was noted during hospitalization that the veteran's condition improved and that he was to receive follow-up treatment at the Tucson, Arizona VA Medical Center. The record does not contain any subsequent examination report of the veteran's post-hospital psychiatric condition or any outpatient treatment records. A June 1992 letter from Dr. Baker reveals that he last treated the veteran in November 1991 but does not include any associated clinical information. Based on the above, the Board finds that additional development is required prior to final disposition of this case. Therefore, this case is being REMANDED to the RO for the following actions: 1. The veteran should be permitted to submit any additional evidence in his possession that is pertinent to the issue on appeal. He should also be requested to provide the complete names, addresses, and dates of treatment of any physicians or facilities, including the VA, that have treated him for his service-connected PTSD since 1991. Any medical provider identified should be asked for copies of the veteran's clinical records not currently on file. Any records obtained should be associated with the claims folder. The veteran should be asked to sign any necessary consent forms for release of his private medical records. 2. The RO should obtain from Dr. Baker, 1333 East Madison Ave., Suite 201, El Cajon, California 92021, and associate with the claims file, copies of the veteran's treatment records since April 1991, which is the date of the last comprehensive report. 3. The veteran should be given a special psychiatric examination, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the current severity of his service-connected PTSD. The claims folder must be made available to the examiner for review. The examiner should obtain a recent employment history from the veteran, to include the amount of time lost from work due to PTSD, if employed, and any attempts to obtain employment, if unemployed. All necessary tests and studies, including appropriate psychological studies, should be conducted, and all findings should be reported in detail. The examiner should be asked to include a Global Assessment of Functioning Score with the diagnostic formulation and explain what the assigned score represents. The examiner should also provide an opinion as to the extent to which the veteran's PTSD interferes with his ability to establish and maintain relationships as well as the reduction in initiative, efficiency, flexibility and reliability levels due to PTSD. 4. The RO should then readjudicate the issue on appeal, to include consideration of the provisions of 38 U.S.C.A. § 5107(b) (West 1991), 38 C.F.R. §§ 3.321(b)(1) and 4.7 (1994), and the decision of the United States Court of Veterans Appeals in Massey v. Brown, 7 Vet.App. 204 (1994). The RO should also ask the veteran whether he is contending that his PTSD renders him unemployable and, if the veteran answers in the affirmative, adjudicate the issue of entitlement to a total rating based on unemployability and furnish him his appellate rights . When the above actions have been completed, unless all benefits sought are granted to the satisfaction of the veteran, the veteran and his representative should be provided with a supplemental statement of the case on all issues in appellate status and given the applicable time period to respond. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until notified. EUGENE A. O'NEILL 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 action has been taken in accordance with the Veterans' Benefits Improvements 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) (1994).