BVA9506293 DOCKET NO. 92-55 812 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES 1. Entitlement to an increased rating for chronic undifferentiated-type schizophrenia, currently evaluated as 50 percent disabling. 2. Entitlement to an increased (compensable) evaluation for postoperative residuals of fissurectomy with perianal dermatitis. 3. Entitlement to a total disability rating for compensation purposes based on individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD P. A. Dowdell, Associate Counsel INTRODUCTION The veteran served on active duty from November 1964 to March 1970. This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from an August 1991 rating decision from the San Juan, Puerto Rico, Regional Office (RO). That determination confirmed a 50 percent evaluation for chronic undifferentiated-type schizophrenia. That determination also confirmed a noncompensable evaluation for postoperative residuals of fissurectomy with perianal dermatitis. This appeal also arises from a January 1992 rating action, which denied a total disability rating for compensation purposes based on individual unemployability. In August 1992, the Board remanded the case to the RO for further development. REMAND The veteran contends, in essence, that the RO committed error when it denied a total disability rating for compensation purposes based on individual unemploy- ability. He specifically alleges that he is no longer able to work and that he is totally disabled due to his service-connected physical and mental disabilities in combination. Notwithstanding the additional delay in determining whether a total disability rating for compensation purposes based on individual unemployability is warranted, the Board is of the opinion that further development of the medical evidence should be accomplished in order that the veteran may have every opportunity to demonstrate that such increase should be granted. The applicable regulations state that a veteran who is "unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled." 38 C.F.R. § 4.16(b) (1994). Therefore, all of the veteran's service-connected disabilities must be reviewed in order to determine if the service-connected disabilities are sufficient to produce unemployability. The RO must consider all of the veteran's service-connected disabilities in making a determination as to whether he is unemployable. In reviewing the documents of record, the Board observes that, although Department of Veterans Affairs (VA) examinations were performed in October 1992, August 1993, and September 1993, the examinations were not adequate to evaluate the veteran's service-connected residuals of a shell fragment wound, right shoulder, through and through, injury to Muscle Group III; residuals of a shell fragment wound, through and through, left posterior thigh, injury to Muscle Group XIII; right ear hearing loss disability; and residuals of hemorrhoidectomy. The record reflects that these service- connected disabilities were last evaluated in 1979. We note that the United States Court of Veterans Appeals (Court) has held that the duty of the VA to assist veterans in the development of facts pertinent to their claims, under 38 U.S.C.A. § 5107(a) (West 1991) and 38 C.F.R. § 3.103(a) (1994), as set forth by the Court in Littke v. Derwinski, 1 Vet.App. 90 (1990), requires that the VA accomplish additional development of the record, to include obtaining the report of an adequate VA examination, if it finds that the record currently before it is inadequate. To ensure that the VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to RO for the following development: 1. The RO should obtain the veteran's complete Vocational Rehabilitation and Counseling Folders, if existent, and associate these with the claims folder. 2. The veteran should be afforded a VA social and industrial survey to assess the veteran's employment history and day-to-day functioning. A written copy of the report should be inserted into the claims folder. 3. The veteran should also be furnished with an examination to determine the nature and extent of each of his service-connected disabilities. All indicated tests and studies should be performed. The examiner should express an opinion as to whether the combination of the veteran's service- connected disabilities, renders the veteran unable to follow substantial gainful employment. The claims folder should be made available to the examiner for use in the study of this case. 4. The RO should provide the veteran VA Form 21-8940, Veteran's Application For Increased Compensation Based on Unemployability, with instructions that the veteran complete the form and return it to the VA for consideration in conjunction with his claim for increased benefits. 5. Following completion of the above, the RO should again review the veteran's claim and determine whether a total disability rating based on unemployability, under the provisions of 38 C.F.R. § 4.16 (1994), can now be granted. The RO must review the claims folder and ensure that all the foregoing development actions have been conducted and completed in full. If any development is incomplete, including the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. 6. If the decision 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 within which to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action unless otherwise notified. Appellate consideration of the issues of entitlement to an increased rating for chronic undifferentiated-type schizophrenia and postoperative residuals of fissurectomy with perianal dermatitis are deferred pending completion of the actions requested in this decision. LAWRENCE M. SULLIVAN 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).