BVA9500042 DOCKET NO. 93- 10 360 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Whether new and material evidence has been submitted to reopen a claim of entitlement to service connection for diabetes mellitus. 2. Entitlement to an increased evaluation for coronary artery disease, with quintuple bypass surgery and hypertension, status post myocardial infarctions. 3. Entitlement to a total disability evaluation based on individual unemployability due to service connected disabilities. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD James A. Frost, Associate Counsel REMAND The veteran served on active duty from January 1965 to April 1971. This appeal arises from rating decisions in April 1991 and January 1992 by the Department of Veterans Affairs (VA) regional office (RO) in St. Petersburg, Florida. VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a). The United States Court of Veterans Appeals (the Court) has held that, although a decision by the Social Security Administration (SSA) regarding an appellant's unemployability is not controlling for VA determinations, it is "pertinent" to such a claim and is relevant to the determination of the appellant's ability to secure and follow a substantially gainful occupation. At a minimum, the decision of an administrative law judge of SSA is evidence which cannot be ignored and, to the extent that its conclusions are not accepted, reasons and bases should be given therefor. Murincsak v. Derwinski, 2 Vet.App. 63 (1992). The veteran, through his representative, has argued that consideration of a decision in August 1991 by an administrative law judge of SSA, which awarded him Social Security disability benefits, should lead VA to allow his individual unemployability claim. A review of the record reveals that the veteran requested several times that the RO consider the SSA decision and that, along with other documents, he submitted 2 pages of a multipage SSA decision. The veteran's claims file does not contain a complete copy of the SSA decision or of the evidence on which it was based. The Board therefore finds that, to comply with the Court's decision in Murincsak, VA should obtain the SSA records prior to a final disposition of the veteran's individual unemployability claim. In addition, with reference to the veteran's claim for an increased rating for a cardiovascular disorder, the Board notes that the most recent VA medical examination was in June 1992. Furthermore, there is a question as to the level of the functional impairment imposed on the veteran by his service connected cardiovascular disorder as opposed to non-service connected diabetes mellitus and chronic obstructive pulmonary disease. The Board therefore finds that an up-to-date VA medical examination should be conducted prior to the final disposition of both the increased rating and individual unemployability claims. Accordingly, this case is REMANDED to the RO for the following: 1. The RO should request that the veteran identify each physician and medical facility, VA or non-VA, which has rendered medical treatment to him since June 1992. The RO should attempt to obtain copies of all such clinical records. 2. The RO should request that SSA provide copies of the administrative law judge's August 1991 decision and of the evidence on which it was based. 3. The RO should schedule the veteran for a medical examination. The examiner should determine the current symptomatology attributable to cardiovascular disease, diabetes mellitus and chronic obstructive pulmonary disease. The examiner should, to the extent possible, offer an opinion as to the impairment of the activities of daily living and of working ability which is solely imposed by cardiovascular disease without reference to diabetes or lung disease. The claims folder should be made available to the examiner for review prior to the examination. Following completion of these actions, the RO should review the evidence and determine whether the veteran's increased rating and individual unemployability claims may now be granted. If the decision remains adverse to the veteran, he and his representative should be provided with an appropriate Supplemental Statement of the Case and an opportunity to respond thereto. The case should then be returned to the Board for further appellate consideration. The purposes of this REMAND are to assist the veteran in the development of his claim and to procure clarifying medical information. Appellate review of the remaining issue on appeal is deferred, pending completion of this REMAND. No action is required of the veteran until he receives further notice. 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).