BVA9503120 DOCKET NO. 93-13 576 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Entitlement to restoration of a 100 percent rating for schizophrenia, currently evaluated as 70 percent disabling. 2. Whether the appellant is competent for compensation purposes. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and his parents ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The appellant had active duty from March 1969 to April 1973. This appeal arises from a September 1988 rating decision of the San Juan, Puerto Rico, regional office (RO). In that decision, a 100 percent rating for schizophrenia, which had been in effect since April 1974, was reduced to 70 percent. The last disability evaluation examination of the appellant by the Department of Veterans Affairs (VA) was conducted in August 1990. The report of that examination contains the diagnosis of substance abuse disorder, alcohol and cocaine dependency "by history." However, VA outpatient records dated in July 1992 reflect that the appellant continued active, daily use of cocaine and heroine. Moreover, the appellant failed to report for a disability evaluation examination apparently scheduled for August 1992. In correspondence received in September 1992, the veteran indicated his willingness to report for examination. The record reveals that the veteran has been in receipt of benefits from the Social Security Administration since the mid- 1970's. Records pertaining to that award should be obtained. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should obtain from the Social Security Administration the records pertinent to the appellant's claim for Social Security disability benefits, to include copies of the medical records utilized in initially awarding the appellant benefits, as well as medical records used in determining his continued entitlement to benefits. 2. The RO should request the veteran to identify all sources of psychiatric treatment in the recent past and obtain copies of records of psychiatric treatment from all sources identified by the veteran or otherwise indicated by the record. 3. The appellant should be made the subject of a VA social and industrial survey or a field examination to obtain data pertinent in assessing his potential for employment and his adjustment in the community, to include his day-to-day functioning. His understanding of and responses to questions should be carefully monitored and recorded for the record. Evidence of substance abuse, if any, should be documented. Since the reliability of information obtained from the appellant is unknown, pertinent information from other sources should be obtained. 4. When the above development has been completed, the appellant should be afforded a VA psychiatric examination to determine the severity of schizophrenia and the diagnoses of all other psychiatric disorders that are present. The claims folder, to include a copy of the social work survey or field examination report compiled in response to this remand, should be made available to the examiner for review before the examination. The entire medical history should be studied and, to the extent possible, the examiner should differentiate the extent of disability attributable to schizophrenia from that attributable to other conditions, such as polysubstance abuse. If needed to solve a diagnostic problem or to assist in differentiating the psychosis from other conditions, the examiner should utilize psychological testing. Primary personality disorders should be fully described and classified. The relationship, if any, between the appellant's service-connected psychosis and any other condition identified, to include any personality disorder or substance abuse disorder, should be discussed. Thereafter, the examiner should provide a Global Assessment of Functioning (GAF) scale code and discuss the nature and meaning of the GAF scale code assigned. 5. The RO should then review the record and ensure that all of the above actions have been completed. When the RO is satisfied that the record is complete and the psychiatric examination is adequate for rating purposes, the claims should be readjudicated. The rating decision should reflect consideration of all potentially applicable regulatory provisions, including the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.16(c). If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the applicable opportunity to reply. Thereafter, the case should be returned to the Board, if in order. The appellant need take no action until so notified. GARY L. GICK 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 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) (1993).