BVA9500822 DOCKET NO. 93-11 627 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and daughter ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from April 1943 to January 1946. This appeal arises from a February 1992 rating decision which denied the veteran's claim for a permanent and total disability rating for pension purposes. This World War II veteran is now 70 years of age. He has an 8th grade education and retired from his job as a school bus driver in June 1991. The veteran reported, in his application for Department of Veterans Affairs (VA) pension benefits, that he was receiving Social Security benefits; however, he did not indicate whether Social Security benefits were awarded on the basis of age or disability. This matter should be clarified. The veteran, at his hearing on appeal, related that he had been treated at the VA Medical Center, Memphis. The RO thereafter apparently requested copies of outpatient treatment records from the VA medical facilities at Memphis and Little Rock. Medical records were received from the Little Rock VA medical facility. The veteran has reported being treated for diverticulosis and prostate problems and he related that he has arthritis. The only disabilities so far rated by the RO are hypertension, peptic ulcer disease, and cataracts. It is unclear what, if any, consideration the RO afforded the veteran's advancing age and his limited education in determining that the veteran is currently capable of obtaining and retaining substantially gainful employment. In view of the foregoing, the Board of Veterans' Appeals (Board) finds that the issue should be REMANDED to the originating agency for the following action: 1. The originating agency should clarify whether the veteran is in receipt of Social Security Administration benefits on the basis of age or disability. If it is determined that the veteran is in receipt of disability benefits, the RO should obtain the medical records upon which the grant of disability benefits was based. The documents obtained should be associated with the veteran's claims file. 2. The originating agency should, after obtaining the veteran's authorization for the release of private medical records, request copies of all of the veteran's treatment records from the Lee County Cooperative Clinic dated subsequent to June 1992. All documents obtained should be associated with the veteran's claims file. 3. The originating agency should request copies of all of the veteran's treatment records dated subsequent to October 1992 from the VA Medical Center, Little Rock, and all of the veteran's treatment records from the VA Medical Center, Memphis. All documents obtained should be associated with the veteran's claims file. 4. After the requested records have been secured, the originating agency should schedule the veteran for genitourinary and general medical examinations. The general medical examination should be broad enough to cover all disease, injuries, and residual conditions which are suggested by the veteran's complaints, symptoms or findings at the time of the examination. All complaints or symptoms having a medical cause should be covered by a definite diagnosis. All necessary tests, as well as any other recommended examinations, should be conducted and all clinical manifestations attributable to each disability should be reported in detail. The examining physicians should be given access to the veteran's claims file for a sufficient period of time prior to the examinations to allow for a complete review of the record. 5. After completion of the above, the originating agency should again adjudicate the veteran's claim for a permanent and total disability rating for pension pur- poses on the basis of all the evidence of record. The originating agency should assign a schedular rating for each of the veteran's disabilities and review the veteran's claim in light of his advancing age and limited education, considering the "average person" standard under 38 U.S.C.A. § 1502(a)(1) (West 1991) as well as the "unemployability" standard under 38 C.F.R. §§ 3.321, 3.340, 3.342, 4.17 (1993). 6. If the determination is unfavorable to the veteran, a supplemental statement of the case should be provided to the veteran and his representative that sets forth the evidence received since the January 1993 supplemental statement of the case, the appropriate diagnostic criteria and a discussion of the ratings assigned for each of the veteran's disabilities, as well as a discussion of the "average person" and "unemployability" standards. The impact of the veteran's advancing age and limited education on his ability to obtain and retain substantially gainful employment should be discussed. Thereafter, the veteran and his representative should be afforded the appropriate period of time in which to respond. The case should then be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and afford the veteran due process. GARY L. GICK Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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 deter- mination. 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).