BVA9505876 DOCKET NO. 91-48 196 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Restoration of a 100 percent evaluation for the veteran's service-connected post-traumatic stress disorder, currently evaluated as 70 percent disabling. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel INTRODUCTION The veteran served on active duty from June 1967 to June 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. That decision proposed to reduce the veteran's evaluation for his service-connected post-traumatic stress disorder (PTSD) from 100 percent to 70 percent disabling. In May 1991, the RO effectuated the proposed reduction. In April 1992, the Board remanded the veteran's case to the RO for further development. On remand, the Board instructed the RO to adjudicate the veteran's claim for restoration of a 100 percent rating for his PTSD in light of the provisions of 38 C.F.R. § § 3.343 and 4.16(c) (1993). REMAND The veteran seeks restoration of a 100 percent rating for his service-connected PTSD. He argues that his psychiatric disability is of such severity that it precludes him from obtaining gainful employment. The Board notes that there is reference in the record to a January 1991 VA psychiatric examination of the veteran. The complete report of that examination is not of record. In a May 1992 statement to the VA, the veteran reported that he was unemployed and that examiners statements contained in 1990 VA outpatient medical records reporting that the veteran worked as a housepainter were not accurate. He explained that the painting done by him was on his house and not as employment, and he requested that outpatient records of treatment through 1992 be obtained. The Board notes that the most recent outpatient treatment record in the claims file are dated in 1991. The veteran also requested that he be scheduled for a VA examination for evaluation purposes. In the Board's April 1992 remand, the RO was requested to adjudicate the veteran's claim in light of the provisions of 38 C.F.R. § 4.16(c) (1993). The RO was also requested to include the provisions of 38 C.F.R. § 4.16(c) (1993) in a Supplemental Statement of the Case as well as a discussion of its applicability to the veteran's claim. While the April 1992 rating decision addressed this issue, the requested information was not provided to the veteran in the subsequent April 1992 Supplemental Statement of the Case. Although the case was previously remanded by the Board, it must be noted that the United States Court of Veterans Appeals in a number of cases has determined that where the record before the Board is inadequate, a remand is mandatory rather than permissive. Sanders v. Derwinski, 1 Vet.App. 88 (1990); Littke v. Derwinski, 1 Vet.App. 90 (1990). The Board has determined on review that additional development is necessary. In view of the foregoing, the case is hereby REMANDED to the RO for the following development: 1. The RO should contact the veteran and request that he identify the names, addresses and approximate dates of treatment for all VA and non-VA health care providers who have treated him in recent years for his PTSD. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which are not currently of record. 2. The RO should obtain and associate with the veteran's claims folder a complete copy of his January 1991 VA psychiatric examination report. 3. Thereafter, the veteran should be afforded a VA examination by a board certified psychiatrist, if available, to determine the current severity of his service-connected PTSD. All manifestations of current disability should be described in detail, and all indicated studies should be performed. The claims folder should be made available to the examiner for review prior to the examination. The 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. The examiner is requested to give an opinion on the degree of social and industrial impairment that the veteran experiences as a result of his service- connected PTSD. A complete rationale should be given for all conclusions and opinions expressed. 4. Then, the RO should undertake any other indicated development, and readjudicate the issue on appeal in light of all applicable provisions. If the benefit sought on appeal is not granted to the satisfaction of the veteran, a Supplemental Statement of the Case on all issues in appellate status should be issued, and should contain the provisions of 38 C.F.R. § 4.16(c) (1993) as well as a discussion as to its applicability to the veteran's claim, and the veteran and his representative provided an opportunity to respond. 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 final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. ROBERT E. SULLIVAN Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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).