BVA9502872 DOCKET NO. 91-42 875 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in San Juan, Puerto Rico THE ISSUES Entitlement to an increased rating for a neuropsychiatric disorder, currently rated as 70 percent disabling. Entitlement to a total disability rating based on individual unemployability due to service-connected disorders. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Michael Martin, Associate Counsel REMAND The veteran had almost continuous active service from 1949 to 1957. This matter came before the Board of Veterans' Appeals (Board) on appeal from a decision of October 1989 by the Department of Veterans Affairs (VA) San Juan, Puerto Rico, Regional Office (RO). The decision denied a claim by the veteran for a disability rating higher than 50 percent for his service- connected psychiatric disorder. The veteran perfected an appeal of that decision, and, in a decision of April 1992, the Board granted a 70 percent rating for the neuropsychiatric disorder. In addition to assigning an increased rating for the veteran's psychiatric disorder, the Board also remanded the case to the RO for the purpose of having the RO conduct additional development of evidence and to determine whether the veteran was entitled to a total disability rating based on individual unemployability due to service-connected disorders. The requested development included obtaining personnel records pertaining to the veteran's previous employment as a supervisor with the United States Postal Service, including documents regarding the reason for the veteran's retirement in 1989. Although the RO attempted to obtain those records, apparently no response was received from the United States Post Office. It was also requested in the remand that the veteran be afforded a VA examination, to include a general medical examination, a special psychiatric examination, and a social and industrial survey. The examination reports were to include the examiners' opinions as to whether the veteran's service-connected disorders rendered him unable to secure or follow a substantially gainful occupation. The veteran was afforded a psychiatric examination by the VA in October 1993. However, a social industrial field survey was not conducted until November 1993. As a result, the report of the social and industrial field survey was not available for review by the psychiatric examiner at the time of the examination. Therefore, the conclusions reached by the psychiatric examiner were not based on complete information. The Board also notes that the examination report did not include the requested comments regarding the degree to which the veteran's service-connected disabilities affect his ability to secure and retain gainful employment. Thus, the development requested in the prior remand was not fully accomplished. For these reasons, the Board concludes that additional development of evidence is warranted. Accordingly, this case is REMANDED to the RO for the following actions: 1. The RO should again attempt to obtain copies of the personnel records pertaining to the veteran's previous employment as a supervisor with the United States Postal Service. Of particular importance are the documents regarding the reasons for the veteran's retirement in 1989. 2. Once the veteran's personnel records have been associated with his claims folder, the veteran should be afforded a VA examination, to include a general medical examination and a special psychiatric examination. The claims folder, including the personnel records from the veteran's former employer and the report of a social and industrial survey conducted in November 1992, must be made available to the examiner for review prior to and during the examination. All appropriate tests and procedures outlined in the VA Physician's Guide for Disability Evaluation Examinations should be conducted. The examiner should offer an opinion as to the degree to which the veteran's service- connected disorders affect his ability to secure or follow a substantially gainful occupation. Pursuant to 38 C.F.R. § 4.19 (1993), the assessment regarding industrial impairment should be based only on impairment due to the service-connected disorder, and should not be based on impairment attributable to advancing age. The psychiatric examiner should also rate the veteran's level of function on the Global Assessment of Functioning scale (GAF), and explain the significance of the numeric value which is assigned. Upon completion of the requested development, the RO should again consider the veteran's claim. If the benefits sought on appeal are not granted, the RO should issue to the veteran and his representative a supplemental statement of the case, and allow them the appropriate period of time to respond. Then, the case should be returned to the Board for further appellate review. The Board notes that the veteran's representative has offered comments pertaining to the veteran's competency status and a need for aid and attendance. Those issues, however, have not been developed or certified for appellate review. Accordingly, the Board refers these matters to the RO for any appropriate action. WARREN W. RICE, JR. 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).