BVA9503356 DOCKET NO. 93-15 089 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Paralyzed Veterans of America, Inc. ATTORNEY FOR THE BOARD Mark J. Swiatek, Counsel REMAND The veteran had active service from May 1953 to May 1955. This matter comes before the Board of Veterans' Appeals (Board) from a February 1993 decision from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. A review of the record discloses that the veteran has not had a comprehensive medical examination in connection to this claim to allow for an accurate assessment of the extent of his disabilities. This precludes an informed decision from being made at this time. The Board observes that the representative has requested that the case be returned to the RO to accomplish a thorough examination. In order to ensure that the VA has met its duty to assist the appellant with regard to developing the facts pertinent to a claim, and ensure due process, it is the opinion of the Board that further development as set forth below is desirable. Accordingly, the case is REMANDED to the RO for the following action: 1. The RO should request the veteran to provide the names and addresses of all health care providers who have treated him recently for any disability. The RO should attempt to obtain copies of those treatment records identified by the veteran which have not been previously secured. 2. Following completion of the above development, the veteran should be afforded a VA general medical examination, and any additional examinations by specialists deemed warranted, to determine the nature and extent of all disabilities present. The claims folder should be made available to the examiner prior to the examination. The examination should be broad enough to cover all diseases, injuries, and residual conditions which are suggested by the veteran's complaints, symptoms or findings at the time of examination. All complaints or symptoms having a medical cause should be covered by a definite diagnosis. Clinical manifestations attributable to each disability should be reported in detail. All indicated tests should be accomplished. The examiner should render an opinion as to the effect the disabilities found have on the veteran's ability to work. 3. When the above development has been completed, the case should again be reviewed by the RO and the rating action prepared which lists all of the veteran's disabilities and the percentage evaluation assigned for each disability. If the decision remains adverse to the veteran, he and his representative should be furnished with a supplemental statement of the case which includes a recitation of the percentage rating for each diagnosed disability; which cites the appropriate diagnostic codes and provides a discussion of their applicability to the veteran's disabilities; and which discuss the application of the two standards (average person and unemployability) by which a permanent and total disability rating for pension purposes may be assigned. They should then be afforded the applicable time to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and assure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. GARY L. GICK 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 deter- mination. 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 action has been taken in accordance with the Veterans Benefits Improvement Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).