BVA9502278 DOCKET NO. 93-09 144 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to a total disability evaluation for compensation on the basis of individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from June 1931 to March 1957. He was a prisoner of war of the Japanese Government from May to August 1942. This appeal arose from a November 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The RO denied entitlement to a total disability evaluation for compensation on the basis of individual unemployability. The case has been forwarded to the Board of Veterans' Appeals (Board) for appellate review. REMAND Service connection has been granted for post-traumatic stress disorder, evaluated as 70 percent disabling; status post total thyroidectomy, evaluated as 30 percent disabling; degenerative arthritis of the dorsal spine, evaluated as 10 percent disabling; duodenal deformity with history of ulceration, evaluated as 10 percent disabling; recurrent laryngeal nerve dysfunction, evaluated as 10 percent disabling; and for a history of a fracture of the right radius, residuals of a fracture of the right fibula, residuals of malaria, and an appendectomy scar, each evaluated as noncompensable. The combined schedular evaluation is 90 percent. The RO utilized a limited VA compensation examination report, VA outpatient treatment reports and the veteran's application for increased compensation based on unemployability to deny his claim. Significantly, however, he has not been afforded the benefit of an adequate examination of all of his service- connected disabilities to determine his overall functional capacity to obtain and maintain substantially gainful employment. In addition, a social and industrial survey has not been conducted to help determine the veteran’s ability to obtain and retain substantially gainful employment. Accordingly, further development is warranted. Further development also warranted in light of the fact that the veteran appears to have been in receipt of Civil Service Disability Retirement benefits since August 1970. The United States Court of Veterans Appeals has held that the Secretary’s duty to assist includes obtaining the medical records upon which an award of Social Security disability benefits were awarded, see generally, Murincsak v. Derwinski, 2 Vet.App. 363, 372 (1992), and the Board believes that a similar rule holds true for disability benefits awarded by the United States Civil Service Commission. In light of the age of the medical records in question, however, and the fact that the nature and disabling extent of the veteran’s present disability is paramount, Francisco v. Brown, 7 Vet.App. 55 (1994), the Board believes that verifying the veteran’s receipt of Civil Service disability retirement benefits, and the disabilities upon which such an award was based, will fulfill the Department’s duty to assist. Accordingly, to ensure compliance with due process requirements, the case is REMANDED to the RO for the following development: 1. The RO should request and associate with the claims file photocopies of the complete records pertaining to the veteran's treatment at the VA Medical Center in Montgomery, Alabama since 1992. 2. The RO should contact the United States Civil Service Commission and determine whether the veteran is in receipt of disability benefits, and if so the disabilities upon which such an award was based. 3. The RO should conduct a social and industrial survey. Family members, neighbors, members of the community, and the veteran should be interviewed. The person conducting the interview should ascertain the nature of the veteran's daily activities. The investigator should also express an opinion as to the impact of the veteran's service-connected disabilities; particularly, his post-traumatic stress disorder, on his ability to perform substantially gainful employment. 4. After completion of the foregoing, and after associating all records received with the veteran’s claims folder, the RO should schedule the veteran for a comprehensive VA medical examination of each and every one of his service-connected disabilities to determine their impact on his ability to obtain and maintain employment. The examination of each and every service connected disorder is to be conducted in accordance with the VA Physician’s Guide for Disability Evaluation Examinations. All indicated studies including psychological studies with appropriate subscales should be accomplished. Each examiner should offer an opinion as to how each service connected disability industrially disables the veteran, and provide a complete rationale for each opinion expressed. The claims file must be made available to and reviewed by the examiners prior to the examinations. The psychiatric examiner must assign a Global Assessment of Functioning Score, and explain what the score means in light of the criteria set forth in the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS (3d. ed. rev. 1987). 5. After undertaking any development deemed appropriate in addition to that specified above, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, including if the requested examinations do not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. The RO should then readjudicate the issue of entitlement to a total disability evaluation for compensation on the basis of individual unemployability. If the benefit requested on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case and provide a reasonable period of time for response. Thereafter, the case should be returned to the Board for further appellate 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 he is notified by the RO. DEREK R. BROWN 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) (1993).