BVA9503142 DOCKET NO. 93-12 688 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUES 1. Entitlement to an increased evaluation for a major affective disorder, currently evaluated as 30 percent disabling. 2. Entitlement to an increased evaluation for residuals of a sprain of the lumbosacral spine, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Robert E. O'Brien, Counsel INTRODUCTION The veteran had active service from August 1982 to August 1985. This appeal stems from a December 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois, which proposed to reduce the schedular rating for the veteran's service-connected psychiatric disorder from 50 percent to 30 percent disabling. This was accomplished by a rating decision dated in March 1991. REMAND The veteran's appeal was received at the Board of Veterans' Appeals (Board) in June 1993. Since that time additional evidence, in the form of communication from a VA physician, has been received. This additional evidence was received without a waiver of the veteran's right to have that evidence initially considered by the RO. Any pertinent evidence submitted by the veteran or representative which is accepted by the Board must be referred to the RO for review in preparation of a supplemental statement of the case, unless this procedural right is waived by the appellant. See 38 C.F.R. § 20.1034(c) (1993). The veteran has not waived her procedural rights and, in view of other necessary developments described below, this claim must be returned to the RO for consideration of the evidence submitted directly to the Board. The Board also notes that the issue of the veteran's entitlement to a total rating based on unemployability representative of service-connected disabilities has been raised. This issue has not been developed or adjudicated by the RO. The United States Court of Veterans Appeals (Court) has held that the Board must address all issues that have reasonably been raised by the record. EF v. Derwinski, 1 Vet.App. 324 (1991). Further, the veteran's accredited representative notes that she has not been accorded a rating examination for her service- connected disabilities for several years. The representative asks that the case be remanded in order that she may be accorded more contemporaneous examinations. The last formal psychiatric and orthopedic examinations were accorded the appellant back in October 1990. She was accorded a psychiatric examination by VA in January 1992, but the focus of the examination was whether or not she had a gastrointestinal disorder secondary to her service- connected psychiatric disability. Psychiatric findings were not reported and there was no indication of a Global Assessment of Functioning score at that time or at the time of the 1990 examination, for that matter. The Board notes that the evidence of record includes a statement apparently dated February 22, 1992, and apparently submitted with the appellant's substantive appeal from Serafin C. Ilagan, M.D., pertaining to the veteran's psychiatric status. Additionally, the Board notes that the appellant was hospitalized by VA from June to July 1992, primarily for psychiatric purposes. At the time of hospital discharge, it was noted that she was in need of intensive counseling. In light of the foregoing and the Board's duty to assist the veteran in the development of facts pertinent to her claims, as mandated by 38 U.S.C.A. § 5107(a) (West 1991), the Board is persuaded that further development is warranted prior to reaching a final decision on the appeal. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and request that she provide the names and addresses of all health care providers who have treated her for her service-connected disabilities in the recent past and specify the approximate dates of treatment, if possible. Then, after any necessary authorization is obtained from her, the RO should obtain copies of any treatment records identified. The VA Medical Center in Hines, Illinois, should also be contacted and asked to provide complete clinical records pertaining to treatment of the veteran at that facility since August 1993. 2. The RO should schedule the veteran for comprehensive VA psychiatric and orthopedic examinations for the purpose of determining the current nature and extent of impairment attributable to each. The examinations must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, to include appropriate psychological studies, must be conducted. The claims file must be made available to and reviewed by each examiner in connection with the examinations The psychiatric examiner should assign a Global Assessment of Functioning score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (3rd ed. rev., 1987), and explain what the assigned score represents. The complete rationale for any opinion expressed must be provided. 3. Then, in light of the evidence obtained pursuant to the requested development, the RO should readjudicate the issues listed on the title page and adjudicate the claim for a total compensation rating based on unemployability. Unless the benefits sought on appeal are granted to the veteran's satisfaction and she withdraws her appeal, a supplemental statement of the case should be issued and she and her representative should be provided the applicable period of time for response. Thereafter, the case should be returned to the Board for further consideration, if otherwise in order. By this REMAND, the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until she is notified by the RO. 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).