BVA9504466 DOCKET NO. 93-10 756 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an increased rating for post-traumatic stress disorder (PTSD), currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD R. D. Turano, Counsel INTRODUCTION The veteran served on active duty from July 1966 to September 1973. This matter came before the Board of Veterans Appeals (Board) from a September 1992 decision by the Regional Office (RO) which granted the veteran's claim for entitlement to service connection for PTSD and assigned a 50 percent disability rating. A notice of disagreement was received in September 1992 in which the veteran disagreed with the evaluation assigned for his service connected PTSD. The statement of the case was issued in October 1992. A substantive appeal was received in April 1992. A personal hearing was held before a member of the Board at the RO in May 1993. Motions to advance the veteran's appeal on the Board's docket were denied in June and November 1994. REMAND A review of the record in this case reflects that service connection was established for PTSD in a decision dated in September 1992 with a 50 percent evaluation assigned. The veteran and his representative essentially assert that this evaluation is not adequate. The veteran testified at a hearing before a member of the Board in May 1993 at which time he reported that he had last worked in 1992 and that his employment had been terminated due to the symptoms associated with his PTSD. The Board construes this testimony as a claim for compensation benefits based on unemployability and notes that service connection has been established for several disabilities that have been assigned compensable evaluations and that the veteran's combined disability evaluation is 80 percent. Further, the veteran reported during the hearing that he was receiving group therapy for his PTSD and that he received treatment by a psychiatrist every three months. As well, the Board notes that the veteran has been found to be disabled by the Social Security Administration and first received benefits in July 1992. He has not been evaluated by the Department of Veterans Affairs (VA) since August 1992 during which the diagnosis of PTSD was given as well as a diagnosis of a severe, chronic, mental condition. It is the opinion of the Board that further evaluation of the veteran's psychiatric disability would assist in a determination as to the degree of impairment associated with his service connected PTSD. The VA has a duty to assist a veteran in the development of evidence pertinent to a well-grounded claim. 38 U.S.C.A. § 5107 (West 1991). The duty to assist includes obtaining copies of medical records, and VA examinations. Hyder v. Derwinski, 1 Vet.App. 221 (1991); Littke v. Derwinski, 1 Vet.App. 90 (1990). In this case, in order to properly review this matter on appeal, the Board concludes that further evidentiary development is in order. Accordingly, this claim is remanded to the RO for completion of the following action: 1. The RO should contact the veteran and request that he furnish all necessary information pertaining to any current treatment received for his PTSD. He should be requested to provide any necessary releases in order for the RO to secure copies of available records pertaining to such treatment. 2. The RO should secure copies of all records available from the Social Security Administration which may have formed the basis for the decision which granted disability benefits to the veteran beginning in July 1992. 3. The RO should schedule the veteran for a VA psychiatric examination in order to determine the degree of impairment associated with the service connected PTSD and any associated industrial impairment. The examiner should set forth in a detailed statement the specific findings which may be associated with the veteran's PTSD. All necessary studies should be accomplished and the claims folder should be made available to the examiner prior to the examination. 4. The RO should schedule the veteran for a VA social and industrial examination to determine the effect the veteran's service connected disabilities, including PTSD, may have on his ability to obtain or maintain substantially gainful employment. 5. The RO should adjudicate the issue of entitlement to a total rating for compensation purposes based on individual unemployability. The veteran should be notified of the decision rendered and of his procedural and appellate rights in the event of any adverse action. 6. The RO should then review the issue of entitlement to an increased rating for PTSD with consideration given to any additional evidence secured pursuant to the above requests. In the event findings remain adverse to the veteran, he and his representative should be furnished a supplemental statement of the case and be afforded the opportunity to respond. Thereafter, the case should be returned to the Board after compliance with all appropriate appellate procedure. No action is required of the veteran until he is further notified. In reaching these conclusions the Board intimates no opinion, either legal or factual, as to the ultimate outcome of this case pending completion of the requested development. EUGENE A. O'NEILL 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) (1994).