BVA9504133 DOCKET NO. 93-07 809 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUES 1. Entitlement to an increased evaluation for schizophrenic reaction, currently evaluated at 10 percent. 2. Entitlement to an increased evaluation for a cyst of the right temporal lobe, currently evaluated at 10 percent. 3. Entitlement to a compensable evaluation for residuals of disc surgery. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Raymond F. Ferner, Counsel INTRODUCTION This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from a September 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office in St. Petersburg, Florida, (RO) which denied the benefit sought on appeal. The veteran, who had almost continuous active service from July 1947 to March 1961, appealed that decision to the BVA, and the case was received at the Board in April 1993. REMAND A preliminary review of the record discloses that the statement submitted with the veteran's substantive appeal raises several matters which require further development prior to an appellate decision. In that statement the veteran reported that there were pertinent outpatient treatment records available from the United States Army Hospital in Panama (Gorgus Memorial) which had not been obtained or considered. Since the veteran reported at the time of his VA examination that he recently had retired from a position with the Panama Canal Commission those records also would appear to be relevant to the veteran's claims for increased evaluations. The veteran also related that his depression is a symptom or manifestation of his service-connected schizophrenia. In this regard, the Board notes that following the VA psychiatric examination performed in August 1992, the impression was of a depressive neurosis and no evidence of schizophrenia. It is not clear "whether [this is] a change in diagnosis [which] represents no more than a progression of an earlier diagnosis, an error in a prior diagnosis, or possibly a disease entity independent of the service-connected psychiatric disorder." 38 C.F.R. § 4.128 (1994). While the veteran has represented his opinion regarding the relationship between the two disorders, such a determination is a medical question which requires a medical opinion. As such, a further examination of the veteran and a review of pertinent medical records is necessary. In addition, the veteran has related in his statement that his service-connected right temporal lobe disability has produced a change of intellectual functioning, including interference with attention span, judgment, new learning ability, and memory. While it is not clear that this is, in fact, the case, the Board would observe that the VA psychiatric examination indicated that the veteran had complaints of poor concentration and impaired memory, which the examiner indicated was possibly due to depression. In any event, it does not appear that the veteran has been afforded an examination in connection with his claim for an increased evaluation for this disability. Therefore, in order to give the veteran every consideration with respect to the present appeal, it is the judgment of the Board that further development of the case is necessary. Accordingly, this case is REMANDED for the following actions: 1. After obtaining any necessary authorization, the RO should obtain and associate with the claims file all treatment records pertaining to the veteran from the United States Army Hospital (Gorgus Memorial) located in Panama (APO Miami 34004). 2. The RO should obtain and associate with the claims file the outpatient treatment records dated subsequent to June 25, 1992, from the VA Medical Center in Gainesville, Florida. 3. The veteran should be afforded a psychiatric examination to assess the nature, severity, and manifestations of his service-connected psychiatric disability and the severity and manifestations of his service-connected right temporal lobe disability. Any and all indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The primary purposes of the examination are to (1) obtain an opinion as to whether the depressive neurosis diagnosed following the August 1992 VA examination represents a progression of an earlier diagnosis, an error in an earlier diagnosis or a disease entity independent of the service-connected schizophrenia, and (2) ascertain whether the service-connected right temporal lobe disability has produced any psychiatric/psychological symptomatology. The examiner specifically is requested to clinically correlate all complaints and clinical findings. The complete rationale for all opinions expressed should be set forth. Since it is important "that each disability be viewed in relation to its history[,]" 38 C.F.R. § 4.1 (1994), copies of all pertinent medical records in the veteran's claims file or, in the alternative, the claims file, must be made available to the examiner for review prior to, and during, the examination. 4. The veteran should be afforded a neurological examination to assess the severity and manifestations of the right temporal lobe cyst. Any and all indicated evaluations, studies, and tests deemed necessary by the examiner should be accomplished. The examiner specifically is requested to report all complaints and clinical findings in detail and to clinically correlate those complaints and clinical findings. The complete rationale for all opinions expressed should be set forth. Since it is important "that each disability be viewed in relation to its history[,]" 38 C.F.R. § 4.1 (1994), copies of all pertinent medical records in the veteran's claims file or in the alternative, the claims file, must be made available to the examiner for review prior to, and during, the examination. When the development requested has been completed, the case should again be reviewed by the RO on the basis of the additional evidence. If the benefits sought are not granted, the veteran and his representative should be furnished a supplemental statement of the case, and be afforded the applicable time period to respond before the record is returned to the Board for further review. The Board's consideration of all issues on appeal is held in abeyance pending completion of all actions requested above. The purpose of this REMAND is to obtain additional development, and the Board does not intimate any opinion as to the merits of the case, either favorable or unfavorable, at this time. The veteran is free, of course, to submit any additional evidence he desires to have considered in connection with this current appeal. No action is required of the veteran until he is notified. JACQUELINE E. MONROE 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).