BVA9506280 DOCKET NO. 93-17 409 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to an increased rating for a psychiatric disability, currently rated 10 percent disabling. REPRESENTATION Appellant represented by: Veterans Services Division WITNESSES AT HEARING ON APPEAL The appellant and his mother ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active service from May 1964 to April 1966. This matter comes before the Board of Veterans' Appeals (Board) from a January 1992 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois. The veteran contends, in essence, that his psychiatric disability is more disabling than reflected in the current 10 percent rating. The record of recent medical treatment consists of VA mental hygiene clinic reports. The most recent examination was completed in October 1991. The records do not provide a Global Assessment of Functioning scale code or otherwise indicate the degree to which the psychosis results in reduction in initiative, flexibility, efficiency and reliability levels. In view of the documentary evidence and hearing testimony, the Board finds that the appeal may reasonably be interpreted as including a claim for a total compensation rating based on individual unemployability on account of a service-connected psychiatric disability. The veteran apparently had been employed by his brother, though the nature of the employment relationship is not clear from the record. In a November 1992 record entry, it was reported that the veteran was unemployed. In view of the foregoing, it is the opinion of the Board that further development, as outlined below, is warranted. Accordingly, the case is REMANDED to the RO for the following action: 1. The veteran should be provided with an application for increased compensation based on individual unemployability due to service- connected disability. He should also be requested to identify all sources of recent treatment for his service-connected psychiatric disability. With any necessary authorization from the veteran, the RO should attempt to obtain copies of all indicated records which have not been previously secured. 2. Following completion of the above development, the veteran should be accorded a VA psychiatric examination to determine the severity of the psychiatric disability. The claims folder must be made available to the examiner prior to the evaluation so that the examiner may review the pertinent historical data contained therein. The examiner should obtain a social and industrial history and the examination should be comprehensive enough to determine the nature and extent of all psychiatric symptoms. Any relationship between the psychosis and any other psychiatric disorder found should be identified. The psychiatrist should utilize any psychological testing deemed pertinent in making a complete diagnostic evaluation and in differentiating the service-connected psychotic symptoms from those attributable to other conditions. Based upon a review of the record and the examination, the physician should provide a Global Assessment of Functioning (GAF) scale code and discuss the meaning of the GAF scale code assigned. In addition, the examiner should also discuss the impairment of the veteran's ability to establish and maintain relationships as well as the reduction in initiative, efficiency and reliability levels which may be attributable to the psychosis (as distinct from impairment attributable to other conditions). The examination should be performed and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations. 3. When the above development has been completed the RO should readjudicate the veteran's claim. If it has not been rendered moot, the claim for a total rating based on individual unemployability on account of service-connected psychiatric disability should also be adjudicated. The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1), 4.16(b), and 4.16(c), whichever is applicable. If any benefit sought on appeal is not granted to the veteran's satisfaction, a supplemental statement of the case addressing all issues in appellate status should be prepared and furnished to the veteran and his representative, should one be appointed. They should be provided the applicable period in which to respond. Thereafter, in accordance with the proper appellate procedures, the case should be returned to the Board for further appellate review, if otherwise in order. In taking this action, the Board implies no conclusion, either legal or factual, as to any final outcome warranted. No action is required of the veteran until he is otherwise 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 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. 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) (1994).