BVA9501225 DOCKET NO. 93-11 402 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Philadelphia, Pennsylvania THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for tinnitus. 3. Entitlement to an increased evaluation for post-traumatic stress disorder with depression, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert P. Regan, Counsel REMAND The veteran had active duty from November 1968 to April 1972. The appellant in a December 1993 statement raised the issue of entitlement to a schedular 100 percent rating based on individual unemployability. In May 1994, while the case was pending before the Board of Veterans' Appeals (Board), evidence was received reflecting that he had been hospitalized at a VA facility for his psychiatric disorders. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain copies of any additional medical records regarding treatment subsequent to September 1992, to include the April 1994 hospital summary, from the VA medical facility located in Wilkes- Barre, Pennsylvania. 2. A VA social and industrial survey should be conducted in order to clarify the veteran's medical, social, educational, and employment history. The social worker should elicit and set forth pertinent facts regarding the veteran's medical history, education, employment history, social adjustment, and current behavior and health. The social worker should offer an assessment of the veteran's current functioning and identify the conditions which limit his employment opportunities. Any potential employment opportunities should be identified. The claims folders must be made available to the social worker in conjunction with the survey as it contains important historical data. 3. Following completion of the above development, the veteran should be accorded a VA psychiatric examination to determine the severity of the service-connected post- traumatic stress disorder with depression. The claims folder must be made available to the examiner prior to the evaluation so that the examiner may review the pertinent historical data contained therein. The examiner should utilize the social work service report as well as pertinent data in the claims folder in order to obtain a true picture of the progress of the veteran's psychiatric disorder. The psychiatrist should utilize any psychological testing deemed pertinent in making a complete diagnostic evaluation. Based upon a review of the record and the examination, the physician should provide a Global Assessment of Functioning (GAF) scale code and discuss the nature and meaning of the GAF scale. In addition, the examiner should also discuss the impairment of the veteran's ability to establish and maintain relationships as well as the reduction in initiative, efficiency and reliability levels which may be attributable to the service-connected psychiatric disorder. The examination should be performed and reported in accordance with the VA Physician's Guide for Disability Evaluation Examinations. 4. The veteran should be afforded a VA examination by a specialist in ear disorders in order to determine the nature and severity of the bilateral hearing loss and the etiology of the tinnitus. An audiological examination and any other tests deemed necessary should be performed. The examiner should render an opinion as to the etiology of the tinnitus. 5. When the above development has been completed the RO should readjudicate the veteran's claims. The rating should reflect consideration of the applicability of 38 C.F.R. §§ 3.321(b)(1) and 4.16. If the determination remains adverse to the veteran, he and his representative should be furnished a supplemental statement of the case which summarizes the pertinent evidence, fully cites the applicable legal provisions and reflects detailed reasons and bases for the decision reached. After the veteran and his representative have been given an opportunity to respond, 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. 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 Improvements 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).