BVA9500954 DOCKET NO. 93-11 410 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to special monthly pension based on the need for regular aid and attendance of another person. REPRESENTATION Appellant represented by: Texas Veterans Commission ATTORNEY FOR THE BOARD Anna Bryant, Counsel INTRODUCTION The veteran had active military service from November 1969 to February 1973. This matter came before the Board of Veterans' Appeals (hereinafter Board) on appeal from an October 1992 rating decision of the Houston, Texas, Regional Office (RO) of the Department of Veterans Affairs (VA), which denied the veteran's claim seeking entitlement to special monthly pension based on the need for regular aid and attendance of another person. REMAND The veteran and his representative contend that entitlement to special monthly pension based on the need for regular aid and attendance is warranted inasmuch as the veteran needs assistance in the activities of daily living. It is maintained that he is limited in his ability to function as a result of severe mental impairment. Review of the evidentiary record reflects that the veteran has not been accorded a VA medical examination in connection with the current claim for the purpose of determining the nature and severity of his nonservice-connected disabilities. Under the circumstances of this case, the Board concludes that additional medical development of the record would be beneficial prior to appellate disposition. Accordingly, further appellate consideration will be deferred and the case is REMANDED to the RO for the following action: 1. The veteran should be requested to identify all sources of recent treatment received for his nonservice-connected disabilities, and to furnish signed authorizations for release to the VA of private medical records in connection with each non-VA source she identifies. Copies of the medical records from all sources she identifies (not already in the claims folder) should then be requested. All records obtained should be added to the claims folder. 2. The RO should schedule the veteran for a comprehensive medical examination for the purpose of determining his need for regular aid and attendance of another person. VA Form 21-2680 should be used to report the results. The examination should include a psychiatric evaluation to determine the current degree of severity associated with the veteran's chronic paranoid schizophrenia. All indicated tests and studies should be performed and reported in accordance with the VA I[nformation] B[ulletin] 11-56 Physician's Guide for Disability Evaluation Examinations (March 1, 1985). The claims folder should be made available and reviewed by the examiner(s) prior to the examination of the veteran. In addition, the examiner(s) should render opinions as to whether the veteran is in need of the regular aid and attendance of another person. After the above development has been completed, the RO should review the evidence and determine whether the veteran's claim may now be granted. If the determination remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions and reflects detailed reasons and bases for the decision reached. The veteran and his representative should be given the opportunity to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order, following appropriate appellate procedures. The purpose of the REMAND is to further develop the record. The Board does not intimate any opinion, either factual or legal, as to the ultimate disposition warranted in this case. No action is required of the veteran until he receives further notice. 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).