BVA9500662 DOCKET NO. 93-12 045 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Louis, Missouri THE ISSUE Entitlement to an increased evaluation for post traumatic stress disorder, currently rated 30 percent disabling. REPRESENTATION Appellant represented by: Missouri Veterans Commission WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel INTRODUCTION The veteran had active service from October 1967 to June 1969. This appeal arises from a July 1991 rating decision which continued a 10 percent disability evaluation for the veteran's post traumatic stress disorder. A December 1991 rating decision increased the disability evaluation to 30 percent. The veteran has raised the issue of a total rating for compensation purposes based on individual unemployability. This issue is referred to the originating agency for appropriate action. REMAND The veteran has requested that consideration be given to granting service connection for alcohol and drug dependence, a personality disorder and an anxiety disorder as secondary to post traumatic stress disorder. In Harris v. Derwinski, 1 Vet.App. 180 (1991), the United States Court of Veterans Appeals stated that, when two issues are "inextricably intertwined," a decision on one issue would have a significant impact on a claim for the second issue. The Board of Veterans' Appeals (Board) believes that, in light of the Harris decision, the question of the veteran's possible entitlement to service connection for alcohol and drug dependence, a personality disorder and an anxiety disorder should be resolved prior to final appellate consideration of the issue of his entitlement to a disability evaluation in excess of 30 percent for post traumatic stress disorder. It is herein noted that the veteran was granted Social Security benefits in December 1989. No request for the veteran's medical records has been made. In view of the foregoing, the Board finds that the issue should be REMANDED to the originating agency for the following action: 1. The originating agency should contact the Social Security Administration in order to obtain legible copies of those portions of the evidentiary record, including medical records, upon which the grant of disability benefits was based. The documents obtained should be associated with the veteran's claims file. 2. After the requested medical records have been secured, the originating agency should schedule the veteran for a psychiatric examination. The express purpose of this examination is to evaluate the current severity of his post traumatic stress disorder, and, if present, determine the etiology of his alcohol and drug dependence, personality disorder and anxiety disorder. All necessary tests and studies should be conducted and all clinical manifestations should be reported in detail. The examining physician should be given access to the veteran's claims file for a sufficient period of time prior to the examination to allow for a complete review of the record. 3. The originating agency should adjudicate the issue of the veteran's entitlement to service connection for alcohol and drug dependence, a personality disorder and an anxiety disorder as secondary to post traumatic stress disorder. Any decision must be supported by competent medical authority. The decision should be in writing to ensure all due process. The veteran is to be informed of the determination by letter that includes appellate rights. If the determination made on the issue of an increased evaluation for post traumatic stress disorder remains unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since the March 1993 supplemental statement of the case should be issued to the veteran and his representative. They should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and afford the veteran due process. ALBERT D. TUTERA 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) (1993).