BVA9508137 DOCKET NO. 93-11 198 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to permanency of a total rating, for the purpose of receiving benefits under 38 U.S.C.A. § 1713 (West 1991). REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Hilary L. Goodman, Counsel REMAND The veteran had active service from January 1966 to January 1969. This appeal arises from determinations in May 1992 that the veteran's spouse and children were not entitled to benefits under 38 U.S.C.A. § 1713 (West 1991) as the veteran's total disability had not been shown to be permanent in nature. The veteran contends that the medical evidence shows that he is permanently and totally disabled as the result of his service- connected disabilities. He asserts that he is receiving treatment weekly at the Department of Veterans Affairs (VA) Medical Center, Dallas. In support of his claim, he has submitted a November 1993 decision granting him Social Security disability benefits. The current record shows that service connection is in effect for post-traumatic stress disorder, rated 70 percent disabling, and for bilateral pes planus with soft corns on right foot and partial amputation of the fifth toe, bilaterally, rated 30 percent disabling. A combined 80 percent disability evaluation and a total rating for compensation purposes based on individual unemployability have been in effect since May 1990. The report of a May 1990 VA psychiatric examination did not provide a Global Assessment of Functioning (GAF) Score. Moreover, while the examiner indicated that he suspected that the veteran's incapacity for most employment was moderate to marked, no reference to the permanency of this incapacity was made. In view of the foregoing, the Board finds that the issue should be REMANDED to the originating agency for the following action: 1. The originating agency should request copies of all of the veteran's VA outpatient treatment records dated subsequent to February 1991 as well as all inpatient treatment records dated subsequent to June 1989 from the VA Medical Center, Dallas. All documents obtained should be associated with the veteran's claims file. 2. Following completion of the above development, the veteran should be scheduled for a VA psychiatric examination to determine the severity of the service- connected post-traumatic stress disorder. The examination should be performed in accordance with the VA Physician's Guide for Disability Evaluation Examinations. A detailed social and industrial history should be obtained. All indicated tests, including appropriate psychological studies, should be conducted. The claims file must be made available to and reviewed by the examiner prior to the evaluation. Based upon a review of the record and the examination, the physician must assign a GAF Score consistent with the American Psychiatric Association's Diagnostic and Statistical Manual for Mental Disorders, and explain what the assigned score represents. The examiner is requested to proffer an opinion as to the likelihood that the current level of impairment due to the veteran's post-traumatic stress disorder will continue throughout his life. A complete rationale for any opinion expressed must be provided. A legible report of the examination should be provided. 3. When the above development has been completed the originating agency should readjudicate the issue of the veteran's entitlement to permanency of a total rating, for the purpose of receiving benefits under 38 U.S.C.A. § 1713. 4. If the determination made remains unfavorable to the veteran, a supplemental statement of the case which provides a summary of the evidence received since the statement of the case should be issued to the veteran and his representative. They should be given the appropriate period of time in which to respond. Thereafter, the case should be returned to the Board for further consideration, if in order. No action is required by the veteran until he receives further notice. The purpose of this REMAND is to obtain clarifying medical information and to afford the veteran due process. WAYNE M. BRAEUER 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).