BVA9507503 DOCKET NO. 93-12 811 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to an increased rating for manic depressive disorder, currently evaluated as 50 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Veteran and veteran's father. ATTORNEY FOR THE BOARD J. Sherman, Counsel REMAND The veteran had active service from March 1967 to August 1974. This appeal arises from an April 1991 rating decision of the Detroit, Michigan, regional office (RO) that denied an increased rating for the veteran's service connected bipolar disorder. Following a hearing, the veteran's disability rating was raised to 50 percent. The VA has a duty to assist the veteran in the development of facts pertaining to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1993). The United States Court of Veterans Appeals (Court) has held that the duty to assist includes obtaining available records which are relevant to the claimant's appeal. The duty to assist is neither optional nor discretionary. Littke v. Derwinski, 1 Vet.App. 90 (1990). There is an indication in the veteran's treatment notes dated July 1991 to the effect that the veteran has been awarded social security disability. There is no indication that the RO has requested from the Social Security Administration the records relating to that award. The duty to assist also includes, when appropriate, the duty to conduct a thorough and contemporaneous examination of the veteran that takes into account the records of prior medical treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). This is to ensure that the evaluation of a disability is a fully informed one. Since the veteran was last examined for rating purposes in l991, a current examination is needed to fully evaluate his claim. 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. An up-to-date employment statement should be obtained from the veteran. The veteran should also be asked for the name and address of the post office where he was employed in the past. This employer should be contacted and asked to indicate the dates of employment, whether any special accomodations were made for the veteran based on disability, and the reason the veteran's employment was terminated. 2. The RO should obtain from the Social Security Administration the records pertinent to the appellant's claim for Social Security disability benefits as well as the medical records relied upon concerning that claim. 3. The RO should contact the veteran and obtain the names and addresses of all health care providers where he has received treatment for his psychiatric disability since 1992. Legible copies of all records, to include those from the VAMC, Allen Park, should be obtained and associated with the claims folder. 4. The RO should schedule the veteran for a comprehensive VA psychiatric examination. The examination must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, must be conducted. The claims folder must be made available to and reviewed by the examiner prior to the examination. The examiner must assign a Global Assessment of Functioning Score consistent with the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL FOR MENTAL DISORDERS (3d ed. rev., l987), and explain what the assigned score represents. A complete rationale for any opinion expressed must be provided. 5. When the above development has been accomplished, the case should again be reviewed by the RO. It must determine if any development is incomplete, including if the requested examination does not include all test reports, special studies or opinions requested. Corrective action should be requested if necessary. If the decision remains adverse to the veteran, he and his representative should be furnished with a Supplemental Statement of the Case and reasonable opportunity to respond. Thereafter, 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. I. S. SHERMAN 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).