BVA9501309 DOCKET NO. 93-04 328 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUES 1. Entitlement to an increased rating for post-traumatic stress disorder, currently evaluated as 30 percent disabling. 2. Entitlement to a total rating under the provisions of 38 C.F.R. § 4.29 (1993) based upon hospitalization from August 26, 1991 and September 20, 1991. ATTORNEY FOR THE BOARD A. D. Jackson, Associate Counsel INTRODUCTION The veteran had active duty service from November 1961 to January 1970. This matter came before the Board of Veterans' Appeals (Board) on appeal from a rating decision from the Montgomery, Alabama, Regional Office (RO). The rating decision dated in January 1992, denied an increased rating for post-traumatic stress disorder and a total rating under the provisions of 38 C.F.R. § 4.29 (1993) based upon hospitalization from August 26, 1991 and September 20, 1991. REMAND The veteran contends that he should be granted a higher rating for post-traumatic stress disorder, currently rated as 30 percent disabling because the RO did not take into account or properly weigh the evidence of record, including VA clinical evidence and statements submitted in support of the claim. The veteran argues that he is required to undergo periodic psychiatric treatment for post-traumatic stress disorder. He further claims that he was hospitalized between the dates of August 26, 1991 and September 20, 1991 for a period in excess of 21 days due to his service connected psychiatric disability. After a review of the record it is found that further development is warranted. The veteran has apparently not undergone a formal Department of Veterans' Affairs (VA) psychiatric examination since 1987. A review of the claims file indicates that the veteran underwent psychiatric hospitalization in November and again in December 1992. These records are not before the Board. As the Board's "fulfill-ment of the statutory duty to assist...includes the conduct of a thorough and contemporaneous medical examination, one that takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one," Green v. Derwinski, 1 Vet. App. 121 (1991), we are requesting further development. It is also noted that updated psychiatric information, to include a formal diagnosis, is a necessary prerequisite to a review of the claim for benefits under 38 C.F.R. 4.29 (1993). To ensure that the VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the RO for the following development: 1. The RO should initiate appropriate efforts to secure any records pertaining to the veteran developed at the VA medical center in Tuskegee, Alabama since 1992. The RO should associate all recent outpatient treatment records as well as the hospital inpatient records with the claims folder. 2. The veteran should be afforded a VA psychiatric examination to determine the extent and severity of his psychiatric disability. The examination should be conducted in accordance with procedures outlined in the Physician's Guide. The psychiatrist should also offer an assessment based on the Global Assessment Functioning Scale. If several psychiatric disabilities are present, the examiner, to the extent possible should determine what symptoms are related to each disability. The claims folder should be available for review by the examining psychiatrist. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and 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 appellant need take no action unless otherwise notified. EDWARD W. SEERY 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).