BVA9502703 DOCKET NO. 93-12 854 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active duty from February 1950 to September 1953. This matter comes before the Board of Veterans' Appeals (Board) from a December 1991 decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. A review of the record reflects that the December 1991 rating decision was made without benefit of a thorough, contemporaneous VA examination. The record consists essentially of private medical reports that mention disorders in addition to those rated. Although alcoholism is mentioned, the record does not include an assessment of any disability related to that disorder. The Board finds that an informed decision cannot be made on the basis of the current record. The VA's duty to assist a claimant in the development of facts pertinent to a claim has been held to require obtaining contemporaneous medical examinations and relevant records to ensure that a decision is an informed one. In view of the fore- going, it is the opinion of the Board that further development, as indicated below, is desirable. Accordingly, the 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 from all VA and non-VA health care providers who have treated him recently for his cardiovascular disease, or any other disability. With any necessary authorization, the RO should attempt to obtain copies of those treatment records identified by the veteran which have not been previously secured. 2. At the same time, the veteran should be asked to provide additional information regarding attempts he has made to obtain employment since 1991. The RO should obtain statements from these perspective employers regarding the veteran's application for employment. 3. Following completion of the above development, the veteran should be afforded a VA general medical examination and any specialist evaluations pertinent to the claim to determine the nature and extent of all disabilities present, to include any impairment related to alcoholism . All indicated tests should be accomplished, and it is imperative that the physicians review the entire claims folder prior to the examinations. All disabilities should be evaluated in relation to their history, with emphasis upon the limitation of social and industrial activity imposed by the disabling conditions in view of the whole recorded history. Each examiner should render an opinion as to the effect the disabilities found have on the veteran's ability to work, and state whether the veteran's disabling conditions are susceptible to improvement through appropriate treatment. The factors upon which the medical opinions are based must be set forth. 4. When the above development has been completed, the case should again be reviewed by the RO and the rating action prepared which lists all of the veteran's disabilities and the percentage evaluation assigned to each disability. If the decision remains adverse to the veteran, he and his representative should be furnished with a supplemental statement of the case. They should then be afforded the applicable time to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and assure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. 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 Improvement 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).