BVA9501198 DOCKET NO. 93-06 239 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Little Rock, Arkansas THE ISSUES 1. Entitlement to service connection for back and kidney disorders. 2. Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Richard F. Williams, Counsel INTRODUCTION The veteran served on active duty, from February to June 1969, for approximately four months during the Vietnam Era. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a July 1992 decision by the Department of Veterans Affairs (VA), Little Rock, Arkansas, Regional Office (RO), which denied the veteran's claims for service connection for back and kidney disorders and a permanent and total disability rating for pension purposes. He testified at a hearing conducted at the RO in November 1992. REMAND The veteran contends that his back and kidney disorders began during active service and that he was treated for these disabilities in service. He further claims that he is entitled to a permanent and total disability rating for pension purposes because the combined effect of his disabilities prevents him from obtaining or maintaining substantially gainful employment. Complete service information is not on file, such information having last been traced to St. Louis, Missouri, following an initial search by the RO. Available information does show that the veteran's period of service ended abruptly, that he was discharged under honorable conditions, and may have been discharged for medical or other reasons. His Form DD 214 shows that he was in the Navy. Affiants have declared that he was discharged from service due to the claimed service reasons. Although it is clear efforts have been made to obtain the claims folder from its last location, it does not appear that the service department has been contacted to obtain copies of all records pertaining to the veteran's discharge. As to the pension claim, examiners have said that no records were available for review, although it is clear from the current record that VA medical reports had been generated, and the psychiatric examiner has suggested that the presence of a psychosis needs to be ruled out, implying that further study needs to conducted. Hence, this case is REMANDED to the RO for the following actions: 1. The RO should have the military record specialist (M21-1, Part III, paragraph 4.09) make additional efforts to obtain the veteran's service medical records (including all secondary records and any existing service personnel records). 2. The veteran should be asked to prepare a detailed list of examinations or treatment he has received (before, during, and after service). He should list names and addresses of medical providers and dates of examination or treatment. The RO should then directly contact the medical providers and obtain the records in accordance with 38 C.F.R. § 3.159. 3. The veteran should undergo VA social and industrial survey, focusing on his psychiatric and employability status. The claims folder should be made available to the social worker, who should take note of all historical information. The social worker should enter an opinion concerning the extent of the veteran's capacity to engage in substantially gainful employment. 4. After the above development, the veteran should be scheduled for VA examinations to determine the severity of his disabilities. All indicated studies, including range of motion measured in degrees, and X-ray studies, should be performed and all clinical findings reported in detail. The examiners should express opinions as to the severity of any restriction of motion, including any functional limitation due to pain, as well as assessment of the overall degree of functional loss caused by the pathologies. The examiners should support all opinions by discussing medical principles as applied to specific medical evidence in this case. In order to assist the physicians in providing the requested information, the claims folder must be made available and reviewed prior to the examinations. 5. After the above information is associated with the claims files, the RO should review the claims. If the veteran is dissatisfied with the RO's decision, an appropriate supplemental statement of the case should be issued, and he and his representative should be afforded an opportunity to respond before the case is returned to the Board for further appellate consideration. M. CHEEK 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 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).