BVA9500433 DOCKET NO. 91-48 001 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to an increased evaluation for post-traumatic stress disorder, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: H. Russell Vick, Attorney ATTORNEY FOR THE BOARD Julia M. Kurtz, Associate Counsel REMAND The veteran served on active duty from April 1969 to May 1971. This appeal arises from an August 1991 rating decision of the Winston-Salem, North Carolina, Regional Office (RO) which established service connection for post-traumatic stress disorder and assigned a 30 percent evaluation. The case was remanded by the Board for further development in April 1992. In December 1992, the Board denied an increased rating for post- traumatic stress disorder. In April 1994, the United States Court of Veterans Appeals (Court) vacated the Board's decision and remanded this case to the Board for readjudication of the veteran's claim in a manner consistent with its order. The veteran was originally represented in his appeal by the North Carolina Division of Veterans Affairs; since his appeal to the Court, the veteran has been represented by H. Russell Vick, Attorney. In its April 1994 order, the Court vacated the Board's December 1992 decision upon the joint motion of the Secretary of Veterans Affairs and the appellant to remand the case back to the Board for additional development of the record. Specifically, the Court held that the holding in Hood v. Derwinski, 4 Vet.App. 301 (1993) is applicable to the instant case, the Board must address all relevant symptomatology in the record, and conduct any additional development deemed requisite. The VA has the duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993). The Court has held that the duty to assist the veteran in obtaining and developing available facts and evidence to support his claim includes obtaining medical records to which the veteran has referred and obtaining adequate VA examinations. Littke v. Derwinski, 1 Vet.App. 90 (1990). The Board notes that the veteran's last psychiatric examination was in 1991 and believes that a current examination may be of value to the veteran's claim. In light of the foregoing, this case is REMANDED to the RO for the following action: 1. The RO should obtain any outpatient treatment records referable to the veteran from the Fayetteville, VA Medical Center dating from 1991 to the present for incorporation into the appellate record. 2. The RO should schedule the veteran for a VA psychiatric examination to determine the current nature and extent of the veteran's post-traumatic stress disorder. The claims folder should be made available to the examiner so that the examiner may become familiar with the history and development of the veteran's post-traumatic stress disorder. All findings should be reported in detail and the examination conducted in accordance with the appropriate physician's guide. The examiner, in reporting his findings, should estimate the degree of disability consistent with the Global Assessment of Functioning Scale. When the requested action has been completed, the case should again be reviewed by the RO. In the event the action taken remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and afforded a reasonable period of time in which to respond thereto. Thereafter, subject to current appellate procedures, the case should be returned to the Board, if in order. The veteran need not take any further action unless he is further informed. The purpose of this REMAND is to allow for further development of the record and due process of law and to comply with the Court's order. No inference should be drawn herefrom regarding the final disposition of this claim. E. W. SEERY 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).