BVA9500880 DOCKET NO. 93-11 842 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUES Entitlement to service connection for a psychiatric disability. Entitlement to an increased evaluation for diabetes mellitus, currently rated 20 percent disabling. Entitlement to a total rating for compensation purposes based on individual unemployability. ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel INTRODUCTION The veteran had active service from December 1984 to April 1985. This appeal arises from a December 1992 rating decision which granted service connection for diabetes mellitus and assigned a 20 percent disability evaluation. This appeal also arises from a March 1993 rating decision which denied service connection for a psychiatric disability and a total rating for compensation purposes based on individual unemployability. The veteran, in his substantive appeal, raised the issue of an earlier effective date for the grant of service connection for diabetes mellitus. This issue is referred to the originating agency for appropriate action. REMAND The veteran's claims file was transferred from the originating agency to the Board of Veterans' Appeals (Board) on May 24, 1993. On August 17, 1993, the veteran's records of inpatient treatment at the Department of Veterans Affairs (VA) Medical Center, Mountain Home, dated in June 1993 were received by the Board. These records reflect that the veteran was treated for his service-connected disability. Also received was a copy of an August 1992 decision awarding the veteran Social Security disability benefits. 38 C.F.R. § 20.1304 (1993) requires that, where any evidence which has a bearing on an appellate issue is forwarded to the Board, the case be referred to the originating agency for the preparation of a supplemental statement of the case. Not only does the cited regulation necessitate the remand of the veteran's case. The veteran has indicated that he was treated by Dr. Shumway and Dr. Showerman in Middleville, Mississippi and was hospitalized in Pennock Hospital, Hastings, Mississippi. These medical records have not been secured. The Board, having reviewed the record, finds that further development is required. Accordingly, the issues are being REMANDED to the originating agency for the following action: 1. The originating agency should contact the veteran in order to obtain written authorization for the release of his private medical records. After obtaining authorization, the originating agency should request legible copies of his treatment records from Dr. Shumway and Dr. Showerman, Middleville, Mississippi, and from Pennock Hospital, Hastings, Mississippi, and legible copies of his treatment records dated subsequent to June 1992 from Bristol Regional Medical Center. All records obtained should be associated with the veteran's claims file. 2. The originating agency should request legible copies of all of the veteran's treatment records from the VA Medical Center, Mountain Home. All records obtained should be associated with the veteran's claims file. 3. The originating agency should contact the Social Security Administration in order to obtain legible copies of those portions of the evidentiary record, including medical records, upon which the grant of disability benefits was based. The documents obtained should be associated with the veteran's claims file. 4. After the medical records have been obtained, the veteran should be scheduled for a medical examination to evaluate the current severity of his diabetes mellitus. All clinical manifestations attributable to this disability should be reported in detail. All necessary tests and studies should be accomplished. The examiner should be given a sufficient period of time prior to the examination to allow for a complete review of the claims file. 5. The originating agency should refer the veteran's claims file to a VA psychiatrist. The psychiatrist is requested to review the veteran's claims file, including the service medical records, all VA treatment records and private medical records. The veteran should then be examined by this psychiatrist. Following the examination and a review of the record, the psychiatrist should proffer a written opinion as to whether the veteran has a psychiatric disability, and if so, whether the onset is related to his service- connected diabetes mellitus. 6. Upon completion of the above, the originating agency should review these claims. If any determination made is unfavorable to the veteran, a supplemental statement of the case which sets forth the evidence received since statement of the case should be issued to the veteran. The veteran should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. The purpose of this REMAND is to obtain clarifying medical information and ensure all due process. 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).