BVA9500148 DOCKET NO. 93-05 819 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Manchester, New Hampshire THE ISSUE Entitlement to an increased evaluation for post-traumatic stress disorder, currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert P. Regan, Counsel INTRODUCTION The appellant served on active duty from October 1948 to January 1955. This matter came before the Board of Veterans' Appeals (Board) on appeal of a February 1990 rating determination by the Department of Veterans Affairs (VA) Regional Office (RO) located in Manchester, New Hampshire. A hearing was held at the RO in September 1991. The Board has reviewed the testimony rendered by the appellant and it is unclear as to whether he is claiming entitlement to a total rating for compensation purposes based upon individual unemployability. It is requested that the RO contact the appellant in order to clarify this matter, and thereafter take any appropriate action. REMAND During the appellant's hearing at the RO in September 1991 he indicated that he was receiving Social Security Administration (SSA) disability benefits. The Board is of the opinion that the SSA decision and the supporting evidence upon which that decision was based are pertinent evidence. The most recent VA psychiatric evaluation was performed in November 1991. The appellant, during his hearing, indicated that he was seen by a VA psychiatrist and a counselor once a month. A VA outpatient treatment record dated in March 1992 classified the post-traumatic stress disorder as being chronic and severe. The Board is of the opinion that a contemporaneous and thorough VA examination would be of assistance to the Board in rendering a determination in this case. In accordance with the statutory duty to assist the appellant in the development of evidence pertinent to his claim, the case is REMANDED for the following actions: 1. The RO should take the appropriate action in order to obtain a copy of the SSA disability decision which awarded the appellant disability benefits and the evidence upon which that decision was predicated. 2. The RO should request the VA Medical Center located in Manchester, New Hampshire, to furnish any additional outpatient treatment records, to include from the mental health clinic, subsequent to August 4, 1992. 3. A VA examination should be conducted by a psychiatrist to determine the nature and severity of the appellant's psychiatric illness, to include post-traumatic stress disorder. All testing deemed necessary should be performed. It is requested that the examiner assign a numerical code in conjunction with the Global Assessment of Functioning (GAF) Scale, American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders, 3rd ed., revised (DSM-III-R). The examiner should also include a definition of the numerical code assigned. The claims folder is to be made available to the examiner in conjunction with the examination. When this development has been completed, the case should be reviewed by the RO. If the benefit sought is not granted, the appellant and his representative should be furnished a supplemental statement of the case and an opportunity to respond. The supplemental statement of the case is to include the definition of the numerical code assigned by the VA examiner in accordance with the GAF Scale. The case should then be returned to the Board for further appellate consideration. ALBERT D.TUTERA 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 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).