BVA9503332 DOCKET NO. 93-10 263 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to an increased rating for psychoneurosis, anxiety state, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD K. J. Alibrando, Associate Counsel INTRODUCTION The veteran served on active duty from March 1943 to November 1945. This appeal arises from a December 1992 rating decision in which the RO denied increased rating for psychoneurosis, anxiety state, currently evaluated as 30 percent disabling. In his March 1993 substantive appeal, the veteran appears to be raising the issue of entitlement to a total rating based on individual unemployability. As that issue has not been properly developed on appeal and is not inextricably intertwined with the issue before us, it is referred to the RO for appropriate action. REMAND The veteran contends that his service connected psychiatric disorder has increased in severity and warrants a higher evaluation. The most recent VA psychiatric examination was conducted in October 1992. The examiner rendered a diagnosis of anxiety neurosis with moderately severe depression. However, the examiner failed to include findings regarding the degree of social and industrial impairment required to determine the current degree of disability. The VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. § 3.103(a) (1994). Fulfillment of the statutory duty to assist includes conducting a thorough and contemporaneous medical examination, one which takes into account the records of prior medical treatment, so that the evaluation of the claimed disability will be a fully informed one. Green v. Derwinski, 1 Vet.App. 121 (1991). The RO should afford the veteran a VA psychiatric examination. On VA examination of January 1984, the veteran indicated that he took a "disability retirement". In March 1993, the veteran asserted that he had to take Social Security at age 62 and was unable to work because of his disability. It is unclear from the record whether the veteran was found to be disabled by the Social Security Administration. The duty to assist a veteran includes an obligation to obtain the records of a Social Security Administration adjudication awarding disability benefits. Masors v. Derwinski, 2 Vet.App. 181 (1992). The RO should ascertain from the veteran whether he is in receipt of Social Security disability benefits and, if so, obtain those records. Finally, the VA has a duty to acknowledge and consider all regulations which are potentially applicable to the assertions and issues raised in the record, and to explain the reasons and bases for its conclusion. Schafrath v. Derwinski, 1 Vet.App. 589 (1991). Under the circumstances of this case, we find that additional development is required. Accordingly, the case is REMANDED to the RO for the following: 1. The RO should contact the veteran and request him to furnish the names and addresses of all health care providers from whom he has received treatment for his psychiatric disability from September 1992 to the present time. Where appropriate, consent forms for the release to the VA of any private medical records should be obtained from the veteran. Thereafter, the RO should obtain legible copies of all identified treatment records and associate them with the claims folder. 2. The RO should ascertain from the veteran if he has been found to be disabled by the Social Security Administration. If so, the RO should obtain copies from the Social Security Administration of the determination which awarded benefits to the appellant and the medical records used as a basis to award those benefits. 3. After the above mentioned records have been obtained, the veteran should be afforded a comprehensive VA psychiatric examination. This study 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 file must be made available to and reviewed by the examiner prior to the requested study. 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., 1987), and explain what the assigned score represents. A complete rationale for any opinion expressed must be provided. 4. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been conducted and completed in full. If any development is incomplete, including if the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. When the above developments have been completed, the claim should be reviewed by the RO. If the decision remains adverse to the appellant, he and his representative should be afforded a supplemental statement of the case and afforded a reasonable opportunity to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration. C.W. SYMANSKI 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).