BVA9501825 DOCKET NO. 93-07 853 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Jackson, Mississippi THE ISSUE Entitlement to an increased rating for post-traumatic stress disorder, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD T. Reichelderfer, Associate Counsel INTRODUCTION The veteran served on active duty from January 1958 to March 1966 and from July 1974 to September 1980. The claims file indicates that he has additional service, however, this service is not verified. This case arises from a rating decision of December 1992 from the Jackson, Mississippi, Regional Office (RO), in which service connection for post-traumatic stress disorder with major depressive disorder was granted, and assigned a 10 percent disability rating. REMAND The veteran contends that his disability is more severe than contemplated by the 10 percent evaluation, and that he has been receiving treatment for his post-traumatic stress disorder. After a review of the record, the Board of Veterans' Appeals (Board) is of the opinion that further development of the medical evidence is required. In particular, the Board notes that the veteran indicates, in his substantive appeal which is dated in February 1993, that he has been receiving treatment for his post- traumatic stress disorder at a Department of Veterans Affairs Medical Center (VAMC) for approximately five years. The Board notes that the only Department of Veterans Affairs (VA) mental health treatment records in the claims file are from September 1988 to November 1988 and from August 1992 to December 1992. The Board believes that obtaining all records of such treatment would be of significant probative value in determining whether his-post traumatic stress disorder is more severe than currently evaluated. The Board notes that the most recent clinical evaluation of the veteran's post-traumatic stress disorder was conducted in October 1991. Additionally, an addendum to the October 1991 examination, bearing a FAX transmission date in December 1992, is missing a page, thus limiting the probative value of the portion of the examination addendum that was received. Therefore, he should be afforded another examination to assess his current degree of impairment prior to further appellate consideration of his claim. The United States Court of Veterans Appeals (Court) has held that the duty to assist veterans in the development of facts pertinent to their claim, under 38 U.S.C.A. § 5107(a) (West 1991) and 38 C.F.R. § 3.103(a) (1993), as set forth by the Court in Littke v. Derwinski, 1 Vet.App. 90 (1990), requires that the Department of Veterans Affairs (VA) accomplish additional development of the evidence if the record currently before it is inadequate. Accordingly, this case is REMANDED for the following: 1. The RO should request that VAMC Gulfport, Mississippi, provide legible copies of all records compiled pursuant to treatment of the veteran's post-traumatic stress disorder with major depressive disorder, from January 1988 to the present 2. Upon receipt of any and all such records, the RO should request that the veteran be afforded a comprehensive VA psychiatric evaluation, in order to ascertain the current nature and severity of his post-traumatic stress disorder with major depressive disorder. All tests and studies indicated should be conducted at this time. The examiner should be particularly requested to identify those symptoms and impairment specifically attributable to post-traumatic stress disorder with major depressive disorder, and discuss the severity thereof as such symptoms relate to impairment of the veteran's industrial adaptability. A Global Assessment of Functioning Scale (GAF Scale) score that best represents the extent of impairment due to post-traumatic stress disorder with major depressive disorder should be ascertained. The examiner should be requested to present all findings, and the reasons and bases therefor, in a clear, comprehensive, and legible manner. The claims folder is to be made available to the examiner prior to his or her evaluation of the veteran. 3. The RO should verify service prior to 1958 and between 1966 and 1974. 4. Following completion of the above, the RO should again review the veteran's claim and determine whether an increased rating for post-traumatic stress disorder can now be granted. If the decision remains adverse to the veteran, he and his representative should be provided with a supplemental statement of the case, and with a reasonable period of time within which to respond thereto. The case should thereafter be returned to the Board for further consideration, as appropriate. The veteran need take no action until he is so informed. The purposes of this REMAND are to obtain additional evidence and to ensure compliance with due process considerations. H. N. SCHWARTZ 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) (1993).