BVA9503757 DOCKET NO. 93-11 952 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Lincoln, Nebraska THE ISSUES 1. Entitlement to service connection for melioidosis, hearing loss, and a back disorder. 2. Entitlement to a rating in excess of 30 percent for post- traumatic stress disorder. 3. Entitlement to a compensable rating for malaria. REPRESENTATION Appellant represented by: Nebraska Department of Veterans' Affairs ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel INTRODUCTION The veteran had active military service from November 1967 to November 1969. Although the veteran mentioned his right ankle in his notice of disagreement, this issue was not developed for appellate review because the issue was in a deferred status at the time of the notice of disagreement. Thus, the Board of Veterans' Appeals (Board) does not have jurisdiction over this issue. In his substantive appeal, however, the veteran timely disagreed with the evaluation for his service-connected right ankle disorder. This issue is not inextricably intertwined with the instant claims. Therefore, it is referred to the regional office (RO) for development including the issuance of a statement of the case. REMAND In a statement dated in May 1993, the representative objects to the neuropsychiatric examination conducted in this case as perfunctory in its assessment of the effect of post-traumatic stress disorder (PTSD) on the veteran's industrial capacity. The representative further points out that the veteran has alleged treatment for his PTSD and a back disorder, the records of which treatment have not been sought. To ensure that Department of Veterans Affairs (VA) has met its duty to assist the appellant in developing the facts pertinent to the claims, the case is REMANDED to the RO for the following development: 1. The RO should obtain the names and addresses of all medical care providers who treated the veteran for a back disorder or a neuropsychiatric disorder. After securing the necessary release, the RO should attempt to obtain these records. 2. After the above records have been secured to the extent possible, the RO should schedule the veteran for a special VA psychiatric examination to determine the nature and extent of all of the veteran's neuropsychiatric disorders, to include PTSD. The examiner should comment upon the etiological relationship, if any, between any multiple diagnoses rendered, and should comment on the veteran's functional impairment from PTSD, by utilizing the Global Assessment of Functioning Scale found in the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders; an explanation of the score assigned should be provided by the examiner. The claims folder must be provided to the examiner prior to the examination. The examination should be preceded by a social and industrial survey and the veteran should be asked to submit documentation from his current or former employers concerning any difficulty with employment. 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, which should consider applying the provisions of 38 U.S.C.A. § 1154(b), relating to combat, to the service connection claims. The veteran and representative should be 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 until otherwise notified. WILLIAM J. REDDY 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).