BVA9501672 DOCKET NO. 93-11 477 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUES 1. Entitlement to an increased evaluation for postoperative residuals, benign cauda equina tumor, currently evaluated as 60 percent disabling. 2. Entitlement to a total rating based on unemployability by reason of service-connected disabilities. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL The appellant ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran had active service from August 1970 to March 1979. This matter comes before the Board of Veterans' Appeals (Board) on appeal from rating decisions of the Department of Veterans Affairs (VA) Regional Office (RO) in Winston-Salem, North Carolina. In addition to the postoperative residuals of benign cauda equina tumor, service connection is also in effect for hypertensive cardiovascular disease. The schedular rating was increased from 10 percent to 30 percent, effective January 3, 1992. The combined disability evaluation was increased from 60 percent to 70 percent, effective that same date. REMAND A review of the evidence of record discloses the veteran was last accorded a rating examination by VA in August 1990. In December 1990, a VA vocational rehabilitation and counseling officer opined that it was not feasible for the veteran to achieve a vocational goal. However, the records from the veteran's vocational rehabilitation are not in the claims folder. At the time of a personal hearing held at the RO in September 1991, the representative asked that these records be obtained and associated with the claims folder. Also at the hearing, the veteran testified that he had applied for a number of jobs since he last worked in 1984. He stated that he had "tried for office jobs, mechanical jobs, and driving jobs." He stated that he was told that his medication kept him from being hired. He added that he had talked to the Employment Security Commission, but this was not helpful either. He stated that individuals there had put him on an interview for a job with computers, but IBM turned him down. He claimed he was told that "the insurance would not cover me and some other stuff they had told me." Documentation regarding these assertions is not of record. The most recent medical evidence of record is a report of hospitalization by VA in March 1992 primarily for exertional angina. During hospitalization he underwent cardiac catheterization. At the time of discharge it was indicated he was to be seen for follow-up purposes at the Salisbury VA medical facility. As for work status, a notation was made that he was "partially" disabled secondary to lower back problems. The discharge diagnoses included exertional angina, hypertension with hypertensive heart disease, chronic low back pain secondary to trauma, adult-onset diabetes, hyperlipidemia, urinary tract infection, and tobacco abuse. In light of the foregoing and the Board's duty to assist the veteran in the development of facts pertinent to his claims, as mandated by 38 U.S.C.A. § 5107(a) (West 1991), the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that he provide the names and addresses of any health care providers who have treated him for his service-connected disabilities since 1992 and specify the appropriate dates of treatment, if possible. Then, after any necessary authorization is obtained from him, the RO should obtain copies of any treatment records identified by him. The RO should also obtain and associate with the claims file copies of any treatment records pertaining to the veteran at the VA medical facilities in Salisbury and Durham, North Carolina, from March 1992 to the present. 2. The RO should associate any VA Chapter 31 vocational rehabilitation folder and counseling records available with the veteran's claims folder. 3. The veteran should be asked to complete an up-to-date application for increased compensation based on unemployability (VA Form 21-8940). Individuals or companies from whom he indicates having sought employment in the past several years should be contacted and asked to provide information as to the reasons for their rejection of the appellant for employment. 4. Thereafter, the RO should arrange for the veteran to undergo VA orthopedic, neurologic, cardiovascular, and general medical examinations, for the purpose of ascertaining the current nature and extent of impairment attributable to his service- connected disabilities. The claims folder should be made available to the examiners for review prior to the examinations. Clinical findings regarding the disabling effects of the disabilities should be set forth in detail. Additionally, the examiners should provide an assessment of the effect the veteran's service-connected disabilities have on his ability to gain and retain some form of gainful employment, as distinguished from any coexisting nonservice-connected disabilities shown by the medical evidence. 5. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the veteran's claims. If the benefits sought on appeal are not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case for all issues in appellate status, and he and his representative should be provided an opportunity for timely response. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any of the final outcomes warranted. No action is required of the veteran until he is notified by the RO. CHARLES E. HOGEBOOM 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).