BVA9504699 DOCKET NO. 93-13 074 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to an increased evaluation, to include a 100 percent scheduler evaluation, for an anxiety reaction with sinus tachycardia, currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. Horrigan, Counsel REMAND The veteran served on active duty from June 1942 to October 1945. This matter came before the Board of Veterans' Appeals (Board) from a January 1993 rating action of the Department of Veterans Affairs (VA) Regional Office (RO) in New York, New York. The veteran last received a VA psychiatric examination in August 1992. He has asserted that his service-connected psychiatric disability and associated sinus tachycardia has worsened since this evaluation. It is also apparent from the record that the veteran receives ongoing treatment for his service-connected disability at a VA facility but no recent records reflecting this treatment are in the claims file. It is also apparent that other additional relevant medical evidence may be available which is not currently in the claims folder. In view of the foregoing and given the duty to assist the veteran in the development of his claim under the provisions of 38 U.S.C.A. 5107(a) (West 1991), this case is remanded to the RO for the following action: 1. The RO should contact the veteran and request that he provide the names, addresses, and approximate dates of treatment of all health care providers who have provided him treatment in recent years for his service-connected anxiety reaction with sinus tachycardia. When the requested information and any necessary authorizations have been received, the RO should attempt to obtain copies of all indicated records which are not currently in the claims folder. The requested documentation should include clinical records from the VA Medical Center in Albany, New York, and from Dr. Champak Patel of Johnstown, New York. All records obtained should be associated with the claims folder. 2. Then, the veteran should be afforded a VA psychiatric examination to determine the current degree of severity of his anxiety reaction with tachycardia. Any necessary special studies should be obtained and all pertinent clinical findings reported in detail. The claims folder must be made available to the examining physician prior to the evaluation so that he may study the pertinent clinical records. The examiner should describe how the symptoms of the service connected psychiatric disorder affect the veteran's social and industrial capabilities, and specifically comment on the degree to which the disorder affects his initiative, flexibility, efficiency, and reliability levels. Based on his examination findings and a review of the record, the examiner should provide a Global Assessment of Functioning (GAF) Score indicating the level of impairment produced by the veteran's service- connected psychiatric disability. It is imperative that the examiner provide a definition of the GAF Score. 3. Then, after conducting any further development deemed appropriate, the RO should again adjudicate the veteran's claim, including his claim that he is unemployable as the result of the service- connected psychiatric disorder with tachycardia. The rating should reflect consideration of the applicability of the provisions of 38 C.F.R. §§ 3.321(b)(1) and 4.16(b) or 4.16(c), whichever may be applicable. If the benefit sought is not granted to the veteran's satisfaction, he and his representative should be provided with a Supplemental Statement of the Case and be afforded a reasonable opportunity to respond. Thereafter, the case should be returned to the Board for further consideration, if appropriate. By this remand the Board intimates no opinion as to the outcome warranted in this case. No action is required of the veteran until he is so informed by the RO. GARY L. GICK 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. 38 C.F.R. § 20.1100(b) (1993).