BVA9505754 DOCKET NO. 93-07 765 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in No. Little Rock, Arkansas THE ISSUES 1. Entitlement to an increased rating for post-traumatic stress disorder, currently evaluated as 30 percent disabling. 2. Entitlement to a total disability rating based on individual unemployability due to service-connected disability. REPRESENTATION Appellant represented by: James W. Stanley, Jr., Attorney at Law. WITNESSES AT HEARING ON APPEAL Appellant and his wife. ATTORNEY FOR THE BOARD James A. Pritchett, Associate Counsel INTRODUCTION The veteran served on active duty from October 1966 to December 1968. This appeal arises from a July 1992 decision by the North Little Rock, Arkansas, Department of Veterans Affairs (VA) Regional Office (RO) that granted service connection for post-traumatic stress disorder, evaluated as 30 percent disabling and a January 1993 decision that denied entitlement to individual unemployability due to service-connected disability. In January 1993, the veteran's representative raised the issue of entitlement to an earlier effective date for the award of service connection for post-traumatic stress disorder. This issue is referred to the RO for appropriate action. REMAND The record indicates that the veteran has had serious physical disabilities as well as psychiatric disabilities. The report of a VA special psychiatric evaluation dated in May 1992 indicates that the veteran had had heart attacks in 1988 and 1991. Although a diagnosis of chronic post-traumatic stress disorder (PTSD) was made, the report notes that the veteran's mood was depressed when he did not feel well physically, which was most of the time. A Social Security Administration decision dated in June 1992 is based largely on the veteran's coronary disorders, but does note that his emotional status severely impaired his social and vocational adaptability. The report of an April 1993 private psychiatric evaluation conducted by Douglas A. Stevens, Ph.D., a clinical psychologist, concluded that the veteran was demonstrably unable to obtain or retain employment. Since the veteran's claim is well grounded, the VA has a duty to assist in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107 (West 1991); 38 C.F.R. § 3.103 (1994). Accordingly, the case is remanded to the RO for the following: 1. The RO should obtain copies of any VA inpatient or outpatient records of treatment for post-traumatic stress disorder not already part of the claims file. 2. The RO should obtain copies of all available treatment records not already a part of the file from William V. Relyea, M.D., and Douglas A. Stevens, Ph.D. since April 1993. 3. The Social Security Administration should be asked to provide copies of all vocational and medical records not already on file considered in all recent determinations of the veteran's employability. 4. The veteran should be scheduled for a VA special psychiatric examination in order to determine the nature and extent of all current psychiatric pathology. All necessary tests and studies should be accomplished and all clinical manifestations should be reported in detail. Reasons and bases for all diagnoses should be provided in accordance with the applicable provisions of the Physician's Guide for Disability Evaluation Examinations and the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Washington, D.C., 1994 (DSM IV). An Axis V diagnosis (Global Assessment of Functioning) related to PTSD must be noted. The claims folder must be made available to the examiners for review prior to the examination, and the report of the examination should indicate whether it was made available. After completion of the above development, the veteran's claim should be further reviewed. If the determination is adverse, the veteran and his representative should be provided with a supplemental statement of the case and given the appropriate opportunity to respond thereto. Thereafter, the claims file, including the above requested evidence, should be returned to this Board for appellate review, if in order. No action is required by the veteran until he receives further notice. The purpose of this remand is to procure clarifying data. The Board intimates no opinion, either legal or factual, as to the ultimate disposition of the appeal. WAYNE M. BRAEUER 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).