BVA9500474 DOCKET NO. 93-10 348 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES Entitlement to a disability evaluation in excess of 30 percent for a psychotic disorder for the period from November 23, 1986, through October 17, 1990. Entitlement to a disability evaluation in excess of 50 percent for a psychotic disorder for the period beginning October 18, 1990. REPRESENTATION Appellant represented by: Puerto Rico Public Advocate for Veterans Affairs ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel INTRODUCTION The veteran had active service from November 1985 to September 1986. This appeal arises from a February 1991 rating decision which granted service connection for a psychotic disorder and assigned a 30 percent disability evaluation for the period from November 23, 1986, through October 17, 1990, and a 50 percent disability evaluation, effective October 18, 1990. The veteran, in February 1993, raised the issue of a total rating for compensation based on individual unemployability. This issue is not currently before the Board of Veterans' Appeals (Board) and is referred to the originating agency for appropriate action. REMAND Diego L. Coira, M.D., in a January 1993 statement, indicated that he has been treating the veteran monthly for his psychiatric disability since June 1992. The current record does include the records of this treatment. The veteran was last examined by the Department of Veterans Affairs (VA) in June 1992. Ten months later he was admitted to the VA Medical Center, San Juan, after trying to kill his wife with a knife. While the records of this period of hospitalization have been received, the most recent VA outpatient treatment records are dated in October 1990. It is herein noted that the originating agency has not included the issue of an evaluation in excess of 30 percent for a psychotic disorder for the period from November 23, 1986, through October 17, 1990, in either the statement of the case or in the supplemental statements of the case provided to the veteran. The Board, having reviewed the record, finds that further development is required. Accordingly, the case is being REMANDED to the originating agency for the following action: 1. The originating agency should contact the veteran, through his representative, in order to obtain written authorization for the release of his private medical records. After obtaining authorization, the originating agency should request from Dr. Coira, legible copies of all of the veteran's treatment records. All records obtained should be associated with the veteran's claims file. 2. The originating agency should request copies of all of the veteran's outpatient treatment records dated subsequent to October 1990 and any inpatient treatment records dated subsequent to May 1993 from the VA Medical Center, San Juan. All documents obtained should be associated with the veteran's claims file. 3. After the medical records have been obtained, the veteran should be scheduled for a psychiatric examination. The express purpose of this examination is to evaluate the current severity of his service- connected psychiatric disability. All necessary tests and studies should be conducted and clinical manifestations should be reported in detail. The examiner should be given access to the veteran's claims file for a sufficient period of time to allow for a complete review of the record. A Global Assessment of Functioning Scale must be entered. 4. The regional office must review the record and specifically establish the basis for the change in the evaluation with an effective date of October 1990. 5. Upon completion of the above, the originating agency should review this case. If any determination made is unfavorable to the veteran, a supplemental statement of the case which includes both issues, sets forth the evidence received since the March 1993 supplemental statement of the case and includes all additional appropriate laws and regulations, should be issued to the veteran and his representative. Any decision must be supported by the medical evidence. The veteran and his representative 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 due process. No action is required of the veteran until he receives further notice. H. N. SCHWARTZ 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).