BVA9501857 DOCKET NO. 90-51 862 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUES 1. Entitlement to an increased evaluation for post-traumatic stress disorder, currently evaluated as 30 percent disabling. 2. Entitlement to a total disability evaluation for compensation pursuant to the criteria under 38 C.F.R. § 4.16(c)(1994). REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from April 1965 to March 1969. This appeal arose from a July 1989 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The RO granted entitlement to service connection for post-traumatic stress disorder which was assigned a 30 percent evaluation. The Board of Veterans' Appeals (Board) remanded this case to the RO for further development in a decision issued in November 1991. The RO affirmed a 30 percent evaluation for post-traumatic stress disorder when it issued a rating decision in December 1992. In a March 1994 decision, the Board remanded the case to the RO for further adjudicative actions. The RO affirmed its previous determination in a June 1994 rating decision. REMAND A review of the record discloses that the veteran's psychiatric symptomatology has been variously diagnosed. The RO has not specifically denied service connection for his various psychiatric disorders diagnosed in his case such as polysubstance abuse, major depression, and a personality disorder. However, in its rating action on June 10, l994, the RO pointed out that "His major problems were his personality disorders, poly substance abuse, and difficulties in relating to others in a social and industrial environment". The RO clearly distinguished the service connected PTSD from the aforementioned conditions in denying a rating in excess of 30 percent. Evidence obtained on remand from the Social Security Administration included the report of a November 1988 psychiatric examination. There are reports of VA examination in 1989 and VA hospitalization in 1990 that provide numerous findings. On the other hand, the report of VA hospitalization in 1992 contains limited findings. The Board recognizes that this is the third time the veteran's claim for increase has been remanded , but it is essential his claim be adjudicated properly and fairly. We apologize for the delay. His claim is well-grounded and very plausible. Therefore, a comprehensive contemporaneous examination is here below requested to properly assess the severity of post-traumatic stress disorder, including its impact on the veteran's ability to work, and action is requested to complete all adjudicate action of any inextricably intertwined issue as noted below. Accordingly, the case is REMANDED to the RO for the following development: 1. The veteran should be examined by a board of two psychiatrists to determine the extent, severity and correct diagnosis(es) of all psychiatric disorder(s) present, and the extent and severity of his service connected post-traumatic stress disorder. The examiners must review the claims file to include the previous examinations and diagnoses. The examination is to be conducted in accordance with the diagnostic criteria set out in Chapter 14 of the VA Physician's Guide for Disability Evaluation Examinations. All indicated studies including psychological studies are to be conducted. The psychiatrists should distinguish, if possible, the symptomatology attributable to PTSD from that attributable to another psychiatric impairment. If polysubstance abuse to include alcohol abuse is found, the examiners should furnish an opinion whether it is a manifestation of PTSD or a separate, primary disorder. The psychiatrists should assess the impact of post-traumatic stress disorder on the veteran's ability to obtain and maintain gainful employment. The report of examination should include a complete rationale for all opinions expressed. The examiners should assign a numerical code under the Global Assessment of Functioning Scale, and include a definition of the numerical code consistent with the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL FOR MENTAL DISORDERS (3rd ed. rev., 1987). The RO should review the examination report to confirm that it is in accordance with the above directives and if not, the examination should be returned to the examiners for corrective action. 2. The RO should readjudicate the issues of entitlement to an increased evaluation for post-traumatic stress disorder and a total disability evaluation for compensation pursuant to 38 C.F.R. § 4.16(c), and also adjudicate issues of service connection for any other psychiatric disorder fond to exist, as such issues constitute inextricably intertwined issues with that now on appeal. If the benefits requested on appeal are not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case. A reasonable period of time for a response should be afforded. Thereafter, the case should be returned to the Board for further appellate review, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is notified by the RO. BRUCE KANNEE 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).