BVA9504067 DOCKET NO. 93-09 928 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1.. Entitlement to service connection for traumatic arthritis of the entire spine. 2. Entitlement to service connection for a gastrointestinal disorder. 3. Entitlement to service connection for hypertension. 4. Entitlement to an increased rating for bilateral knee arthritis with osteochondroma of the left distal femur, currently evaluated as 20 percent disabling. 5. Entitlement to an increased rating for a psychiatric disorder, currently evaluated as 10 percent disabling. 6. Entitlement to an increased (compensable) evaluation for residuals of frozen feet. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Michael E. Kilcoyne, Counsel INTRODUCTION The veteran had active military service from August 1942 to September 1945. He was a prisoner of war (POW) of the German government from June 1944 to May 1945. The matters on appeal arise from an October 1991, decision by the aforementioned regional office (RO). The veteran disagreed with that decision in June 1992, and after further appellate development, the case was forwarded to the Board. REMAND The record reveals that in connection with a VA examination conducted in July 1992, the RO requested that the examining physician confirm or rule out the presence of traumatic arthritis in the veteran's spine. The report of that examination revealed the presence of degenerative joint disease in the cervical and thoracic spine segments and the presence of an osteophyte at L3. However, the examiner did not set forth whether or not any of these findings were of traumatic origin. The veteran has reported injuries to his spine while a POW. With respect to his claim for service connection for a gastrointestinal disorder, the record shows that following an examination conducted for VA purposes in March 1991, the veteran was diagnosed to have stomach problems, the symptoms of which were consistent with irritable bowel syndrome. However, following VA examination conducted in July 1992, the veteran was diagnosed to have recurrent mild diarrhea. No attempt has been made to reconcile these diagnoses. Regarding the evaluation of the veteran's psychiatric disorder, he indicated in a February 1993 letter to the RO that following a 1993 automobile accident, his psychiatric symptoms increased in severity. The veteran also referred to VA medical records which he believed would substantiate his contention. The evidence does not show that any attempts to obtain those records have been undertaken. The VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107 (West 19991). This duty requires that VA base disability determinations upon the most complete evaluation of the claimant's condition that can feasibly be constructed and obtaining opinion's regarding whether current disability may be related to service. See Schafrath v. Derwinski, 1 Vet.App. 589 (1991) and Moore v. Derwinski, 1 Vet.App. 401 (1991). It has also been held that the fulfillment of the statutory duty to assist includes the conduct of a thorough and contemporaneous medical examination which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one. Green V. Derwinski, 1 Vet.App. 121 (1991). Moreover, when an examination report does not contain sufficient detail, it is incumbent upon the rating board to return the report as inadequate for rating purposes. 38 C.F.R. § 4.2. In this case, the Board is unable to determine the precise nature of any stomach disorder that the veteran experiences or whether the degenerative changes in his spine may be considered to be of traumatic origin. In addition, the record does not show that any attempt has been made to obtain treatment records which the veteran believes would support his contention that his psychiatric disorder has increased in severity. In view of this, further development and evaluation is necessary in order to ensure an equitable disposition of the veteran's appeal is obtained. Although additional delay is regrettable, this case is Remanded to the RO for the following: 1. The RO should associate with the claims file, copies of all treatment records relating to the veteran from the Prescott, Arizona VA Medical Center dated after May 1992. 2. Next, the veteran should be scheduled for special gastrointestinal, orthopedic and psychiatric examinations, the purpose of which is to determine the nature and extent of any digestive and psychiatric disability present as well as the nature and extent of any disability of the spine. These examinations should be conducted in accordance with the pertinent provisions of the VA Physician's Guide for Disability Evaluation Examinations and all indicated tests and studies should be performed. The claims folder must be made available to the examiners prior to examination to ensure that the evaluations are conducted in the context of the veteran's pertinent history. The gastrointestinal examiner is requested to specifically state whether the veteran has irritable bowel syndrome and the orthopedic examiner, after taking a detailed medical history with respect to all spinal injuries, is requested to offer his opinion as to whether the veteran has traumatic arthritis of the spine. The psychiatric examiner must assign a Global Assessment of Functioning Score consistent with the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL FOR MENTAL DISORDERS (3d ed. rev., 1987), and explain what the assigned score represents. A complete rationale for any opinion expressed must be provided. 3. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, including if the requested examinations do not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. Upon completion of the above, the RO should review the evidence and enter its determination with respect to service connection for arthritis of the spine, service connection for a stomach disorder and the evaluation of the veteran's psychiatric disorder. If any decision remains adverse to the veteran, he and his representative should be provided with a supplemental statement of the case and given an opportunity to respond to it before the case is returned to the Board for further review. No action is required of the veteran until he is further informed and the matters regarding service connection for hypertension and entitlement to increased ratings for frozen feet and a bilateral knee disorder are held in abeyance pending the development requested by this Remand. C. W. SYMANSKI 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) (1994).