BVA9505086 DOCKET NO. 92-10 107 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana THE ISSUES 1. Entitlement to service connection for a back disability. 2. Entitlement to an increased rating for post-traumatic stress disorder (PTSD), currently evaluated as 30 percent disabling. 3. Entitlement to a total disability rating based on individual unemployability due to service-connected disability. 4. Entitlement to secondary service connection for substance abuse. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Sabrina Tilley, Counsel INTRODUCTION The veteran served on active duty from November 1965 to November 1968. This matter came to the Board of Veterans' Appeals (Board) originally from a February 1991 rating decision, which reflects the disability evaluation for PTSD was increased from 10 percent to a 30 percent. In its current status, the case returns to the Board following completion of development made pursuant to its February 1993 remand. REMAND Based on its review of the record, the Board is of the opinion that further development is indicated prior to appellate handling of this case. In light of the adjudicatory action taken by the RO, the Board finds that the issue of secondary service connection for substance abuse is one which is "inextricably intertwined" with the developed issues on appeal. This matter requires further action as indicated hereinbelow. Also, the Board finds that an orthopedic examination is warranted in order to determine the likely etiology of the veteran's claimed back disorder. Finally, the Board finds that further evidentiary development is required in order to obtain pertinent treatment records. To ensure that VA has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should take appropriate steps in order to obtain copies of all clinical documents referable to all treatment received by the veteran at the Vet Center since May 1990. In addition, copies of all VA treatment records for the veteran since 1993 should be obtained for review. After securing these documents, the RO should incorporate these in the record. 2. The veteran should be afforded a VA orthopedic examination to ascertain the current nature and likely etiology of any claimed back disorder. All indicated testing should be done in this regard. The claims folder should be made available to the examiner for review before the examination. Based on her/his evaluation and review of the record, the examiner should offer an opinion as to the medical probability that any clinically identified back pathology is the result of injury suffered in service, as claimed by the veteran. 3. The veteran should be afforded further VA psychiatric examination to ascertain the current nature and likely etiology of all current substance abuse. All indicated testing should be done in this regard. The claims folder should be made available to the examiner for review before the examination. This should include all records concerning treatment received by the veteran at the Vet Center. Based on her/his evaluation and review of the record, the examiner should offer an opinion as to the medical probability that any clinically identified substance abuse is the result of his service-connected disabilities. The examiner should provide supporting reasons for the opinion. 4. After the development requested above has been completed to the extent possible, the RO should again review the veteran's claims. This should include appropriate development of the issue of service connection for substance abuse. If any benefit sought on appeal remains denied, the veteran and his representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The veteran need take no action unless otherwise notified. STEPHEN L. WILKINS 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).