BVA9506177 DOCKET NO. 93-10 114 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a permanent and total disability evaluation for pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from October 1974 to January 1977. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of January 1991 by the Department of Veterans Affairs (VA) St. Petersburg, Florida, Regional Office (RO). REMAND The veteran has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a). See Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). That is, the Board finds that he has submitted a claim which is plausible. The VA therefore has a duty to assist the veteran in developing facts pertinent to his claim. See Littke v. Derwinski, 1 Vet.App. 90, 91-92 (1990). The medical records that have been associated with the claims file indicate that the veteran was hospitalized on numerous occasions from 1987 to 1991. During this time, the veteran was diagnosed with a number of psychiatric disorders including, schizophrenia, atypical psychosis, dysthymic disorder, borderline personality disorder, and bipolar disorder. In addition, the veteran was noted to have an alcohol dependence. However, the veteran indicated during his May 1992 personal hearing that although he had previously self-medicated with alcohol, he was attending Alcoholics Anonymous at that time. During his May 1992 personal hearing, the veteran also testified that he was unable to maintain any type of substantially gainful employment due his frequent hospitalizations for exacerbations of his bipolar disorder. The evidence of record suggests that the veteran's failure to take his medications as prescribed plays a role in such exacerbations. However, the evidence does not reveal whether such failure is related to the veteran's psychiatric disability, and what extent, if any, the veteran's alcoholism contributes to his overall impairment. Lastly, although the veteran has indicated that he has been awarded benefits from the Social Security Administration (SSA), no evidence relevant to this award has been associated with the claims file. Although not controlling, any written decisions as well as any evidence that was considered by the SSA in regard to the veteran's award is pertinent to the current appeal. See Murincsak v. Derwinski, 2 Vet.App. 363, 370-72 (1992). Therefore, in order to give the veteran every consideration with respect to the present appeal, it is the Board's judgment that further development of the case is warranted. Accordingly, this case is REMANDED for the following actions: 1. The RO should contact the veteran, through his representative, and ask him to provide additional information regarding any psychiatric treatment that he has obtained from private physicians. This information should include treatment dates, the name of each treating professional, and the address of the place of treatment. If the veteran provides the requested information, the RO should obtain and associate with the claims file all medical records pertaining to the veteran after obtaining the necessary authorization. 2. The RO should contact the VA Medical Center (VAMC) in Tampa, Florida, in order to obtain all of the veteran's psychiatric treatment records subsequent to July 1991. All documents obtained should be associated with the veteran's claims file. 3. Pursuant to 38 U.S.C.A. § 5106 (West 1991), the RO should request the Social Security Administration to furnish copies of any written decisions reached in the claim for disability benefits as well as copies of all evidence submitted in connection with that claim. All records obtained should be associated with the veteran's claims file. 4. The RO should contact the veteran, through his representative, and ask him to provide additional information regarding his employment prior to becoming totally disabled. This information should include the name and address of each employer as well as the dates of employment. Once this information has been obtained, the RO should contact the listed employer(s) in order to obtain the facts and circumstances surrounding the termination of the veteran's employment. All documents obtained should be associated with the veteran's claims file. 5. After all of the above development has been completed to the extent possible, a board of at least two psychiatrists should be asked to review the claims file. Thereafter, the veteran should be afforded a special psychiatric examination, including a social and industrial survey, to ascertain the nature and extent of his psychiatric disorders as currently manifested. The examination should be conducted in accordance with Chapter 20 of the Physician's Guide for Disability Evaluation Examinations (1985). The examination also should include an assessment of the veteran's level of functioning as measured by the Global Assessment of Functioning Scale (GAF Scale), and describe the meaning of the number assigned, in accordance with the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders (3rd. ed. revised 1987) (DSM-III- R). The board should offer an opinion as to the degree of impairment of the veteran to obtain and perform substantially gainful employment due to his psychiatric disorders. Additionally, the board should express an opinion as to the degree of probability, if any, that the veteran's alcohol dependence is related to his psychiatric disability; whether his alcohol dependence is in remission; and, if not, the extent to which alcoholism contributes to the veteran's overall impairment. Lastly, the examiners should express an opinion as to the degree of probability, if any, that the veteran failure to take his medications as prescribed is related to his psychiatric disability. The complete rationale for each opinion expressed should be set forth. The claims file or copies of all relevant records contained therein must be made available to the examiners prior to and during the examination for a complete study of the case. After completion of the requested development, the case should be reviewed by the RO. If the determination remains adverse to the veteran, the case should be returned to the Board after compliance with the provisions for processing appeals, including the issuance of a supplemental statement of the case and provision of the applicable time period for response thereto. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. No action is required of the veteran until he is notified. JACQUELINE E. MONROE 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) (1994).