BVA9504072 DOCKET NO. 93-12 010 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to an increased rating for generalized anxiety disorder, currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The appellant and his son ATTORNEY FOR THE BOARD Jeffrey A. Pisaro, Counsel REMAND The veteran had active service from November 1940 to August 1945. He was a prisoner of war of the German Government from September 1943 to April 1945. This appeal arises from a February 1992 rating decision of the Waco, Texas, Regional Office (RO). During the course of the appeal, the evaluation for the veterans's service-connected psychiatyric disability was increased from 30 percent to 50 percent. The duty to assist includes affording the veteran a thorough and contemporaneous examination that takes into account the records of prior medical treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). This is to ensure that the evaluation of a disability is a fully informed one. The severity of psychiatric disability is based upon actual symptomatology as it affects social and industrial adaptability. See 38 C.F.R. §§ 4.129, 4.130 (1993). Although the veteran was afforded a Department of Veterans Affairs (VA) psychiatric rating examination in October 1992, the examiner indicated that he did not have the veteran's claims folder available for review. The Board notes that although a Global Assessment of Functioning scale code was provided, an informed assessment was not possible as the veteran's records were unavailable. In addition, the report of examination is inadequate to assess the impact of the veteran's psychoneurotic symptomatology on his social and industrial adaptability as it did not indicate the degree to which the psychiatric disorder results in reduction in initiative, flexibility, efficiency and reliability levels. In view of the foregoing, the Board is persuaded that the veteran should be afforded a further VA psychiatric examination in connection with this appeal. Accordingly, the case is REMANDED to the RO for the following actions: 1. The veteran should be afforded a comprehensive VA examination in psychiatry by an examiner who has not previously examined the veteran. This study should be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, should be conducted. The claims file must be made available to and reviewed by the examiner prior to the examination. The disability should be evaluated in relation to its history, with emphasis upon the limitation of activity, to include time lost from employment, imposed by the service- connected psychiatric disability. The examiner should assign a Global Assessment of Functioning Score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual For Mental Disorders, and explain what the assigned score represents. In addition, the examiner should also discuss the degree of impairment present due to psychiatric disability as distinct from impairment attributable to other conditions. 2. When the requested development is fully completed, the RO should readjudicate the veteran's claim. The rating decision should reflect consideration of the appli- cability of the provisions of 38 C.F.R. §§ 3.321(b)(1), 4.7, 4.129, and 4.130. If the claim is not granted to the veteran's satisfaction, 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 to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. CHARLES E. HOGEBOOM 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).