BVA9502089 DOCKET NO. 93- 09 692 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Togus, Maine THE ISSUE Entitlement to a total disability evaluation for compensation on the basis of individual unemployability. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from October 1943 to February 1946. This appeal arose from a June 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Togus, Maine. 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 nephrolithiasis with chronic prostatitis, gout with occasional uric acid stones, and posterior urethral stricture, evaluated as 60 percent disabling; and incomplete paralysis of the right radial nerve, evaluated as 50 percent disabling. The combined schedular evaluation is 80 percent. Entitlement has been established to special monthly compensation for loss of use of a creative organ. The RO denied entitlement to a total disability evaluation on the basis of the appellant's application for increased compensation due to unemployability, and correspondence and medical reports from non-VA health care professionals. The veteran was not afforded the benefit of an examination in connection with his claim. A review of the claims file discloses that the claimant is in receipt of Social Security Disability Benefits. The records pertaining to the award of such benefits are not on file. The medical records pertaining to any treatment the veteran may be receiving for his service-connected disabilities at the local VA medical facility are not on file. A social and industrial survey has not been conducted by VA. The veteran's VA Vocational Rehabilitation folder has not been associated with the claims file. One of the veteran's private physicians indicated that he has been treating him for his service-connected genitourinary disability; however, the medical records pertaining to such treatment have not been obtained and associated with the claims file. Association with the appellate record of the foregoing missing evidence and contemporaneous VA examinations would materially assist in the adjudication of the claimant's appeal. Pursuant to the VA's duty to assist the veteran in development of facts pertinent to his claim under 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993), a final decision is being deferred pending a REMAND of the case 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 Togus, Maine, which have not been previously secured. 2. The veteran's VA Vocational Rehabilitation folder should be obtained and associated with the claims file. 3. After obtaining any necessary authorization, the RO should request and associate with the claims file photocopies of the complete records pertaining to the veteran's treatment for his service- connected genitourinary disability from Joel S. Olstein, M.D., Ten High Street, Lewiston, Maine 04240. 4. The RO should contact the Social Security Administration and request that it provide photocopies of all medical records on which an award of disability benefits to the appellant was predicated. 5. 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 claimant's service-connected disabilities on his ability to perform substantially gainful employment. 6. The veteran should be scheduled for genitourinary and neurologic examinations by VA to determine the nature and extent of his nephrolithiasis with chronic prostatitis, gout with occasional uric acid stones, and posterior urethral stricture; and incomplete paralysis of the right radial nerve. The examinations are to be conducted in accordance with the diagnostic procedures outlined in Chapters 8 and 13 of the VA Physician's Guide for Disability Evaluation Examinations. All further indicated studies are to be accomplished. The examiners are requested to correlate all diagnostic studies and express opinions as to the impact of the appellant's service-connected disabilities on his ability to obtain and maintain substantially gainful employment. Any opinions expressed must be accompanied by complete rationales. The claims file must be made available to and reviewed by the examiners prior to their examinations. 7. After undertaking any development deemed appropriate in addition to that specified above, the RO should readjudicate the issue of entitlement to a total disability evaluation for compensation on the basis of individual unemployability. If the benefit sought on appeal is not granted to the veteran's satisfaction, the RO should issue a supplemental statement of the case. A reasonable period of time for a response should be provided. Thereafter, the case should be returned to the Board for further appellate review, 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. ALBERT D. TUTERA 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).