BVA9508028 DOCKET NO. 93-14 758 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to restoration of a 100 percent evaluation for paranoid schizophrenia, currently rated as 70 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL Appellant and his wife ATTORNEY FOR THE BOARD J. W. LOEB, Counsel INTRODUCTION The veteran served on active duty from August 1975 to August 1978. This case comes before the Board of Veterans' Appeals (Board) on appeal from a November 1990 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio, which reduced the veteran's 100 percent evaluation for paranoid schizophrenia to 70 percent, effective February 1, 1991. REMAND The veteran's appeal was certified to the Board in June 1993. VA hospital records for January and February 1994, which were received by the Board in March 1994, are pertinent to the veteran's claim. These records were received without a waiver of the veteran's right to have the evidence initially considered by the RO. Any pertinent evidence submitted by the veteran or representative that is accepted by the Board must be referred to the RO for review and preparation of a supplemental statement of the case, unless this procedural right is waived by the veteran. 38 C.F.R. § 20.1304(c) (1994). The material in question includes pertinent evidence of medical treatment after the case was received by the Board and should be considered in connection with the current appeal. Accordingly, the Board finds that additional development is required prior to final disposition of this case. Therefore, this case is being REMANDED to the RO for the following actions: 1. The veteran should be permitted to submit any additional evidence in his possession that is pertinent to the issue on appeal. He should also be requested to provide the names, addresses, and dates of treatment of any physicians or facilities, including the VA, that have treated him for a psychiatric disorder since December 1992, which is the date of his most recent VA examination. Any medical provider identified should be asked for copies of the veteran's clinical records. Any records obtained should be associated with the claims folder. The veteran should be asked to sign any necessary consent forms for release of his private medical records. 2. The veteran should be given a special psychiatric examination, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the current severity of his service-connected paranoid schizophrenia. The claims folder must be made available to the examiner for review. The examiner should obtain a recent employment history from the veteran, to include the amount of time lost from work due to paranoid schizophrenia, if employed, and any attempts to obtain employment, if unemployed. All necessary tests and studies, including appropriate psychological studies, should be conducted, and all findings should be reported in detail. The examiner should be asked to include a Global Assessment of Functioning Score with the diagnostic formulation and explain what the assigned score represents. The examiner should also provide an opinion as to the extent to which the veteran's paranoid schizophrenia interferes with his ability to establish and maintain relationships as well as the reduction in initiative, efficiency, flexibility and reliability levels due to paranoid schizophrenia. The rationale for any opinion expressed should be provided. 3. The RO should then readjudicate the issue on appeal, to include consideration of all of the evidence on file and all relevant laws and regulations, including 38 C.F.R. § 4.16(c) (1994). When the above actions have been completed, unless the benefit sought is granted to the satisfaction of the veteran, the veteran and his representative should be provided with a supplemental statement of the case and given the applicable time period to respond. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until notified. THOMAS J. DANNAHER 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 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) (1994).