BVA9505338 DOCKET NO. 92-07 513 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to an increased evaluation for post-traumatic encephalopathy, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Nadine W. Benjamin, Counsel REMAND The veteran served on active duty from September 1954 to September 1959. This appeal comes to the Board of Veterans' Appeals (Board) on appeal from an October 1990 Department of Veterans Affairs (VA) rating decision by the Regional Office (RO) in Boston, Massachusetts. In July 1993, the Board remanded the veteran's case, in part, because the representative had raised the issue of entitlement to service connection for a depressive disorder. While the RO thereafter provided the veteran with a VA psychiatric examination, it has not adjudicated the issue of entitlement to service connection for a depressive disorder. The veteran is also seeking service connection for eye disability, but this issue has not bee adjudicated by the RO. The Board further notes that the veteran may be seeking a total rating based upon unemployability. Finally, the Board notes that the impression on a VA neurology examination in September 1993 that the veteran's post-traumatic encephalopathy was manifested by seizures appears to be in conflict with other evidence of record suggesting that the veteran's seizures are related to alcohol use. In light of the foregoing circumstances, the Board is of the opinion that further RO actions are warranted. Accordingly, the case is remanded to the RO for the following: 1. The veteran should be requested to provide clarification indicating whether he is seeking a total rating based upon unemployability due to service-connected disabilities. The RO should respond appropriately to any clarification provided. 2. The veteran should be requested to provide the names, addresses and approximate dates of treatment for all health care providers who have treated or evaluated him since service discharge for any eye or psychiatric problems or who may possess additional records pertinent to his claim for an increased evaluation for post- traumatic encephalopathy. When the requested information and any necessary authorization have been received, the RO should attempt to obtain copies of all indicated records which have not previously been secured. 3. Thereafter, the veteran should be provided VA psychiatric, neurology and ophthalmology examinations by appropriate board certified specialists, if available. The neurologist should determine the nature and extent of all currently present manifestations of the veteran's post- traumatic encephalopathy. With respect to any depression or eye abnormalities found to be present, the examiner should offer an opinion as to whether it is at least as likely as not that such disorders are etiologically related to service trauma or the service-connected post-traumatic encephalopathy. The neurologist should also provide an opinion as to the impact of the post-traumatic encephalopathy on the veteran's ability to work. The psychiatrist should determine the nature and extent of all psychiatric disorders present, and provide an opinion as to whether it is at least as likely as not that depression or any other currently present psychiatric disorder is etiologically related to the veteran's service-connected post-traumatic encephalopathy. The ophthalmologist should determine the nature and extent of all currently present eye disorders and provide an opinion as to whether it is at least as likely as not that any currently present eye disorder is etiologically related to the service-connected post-traumatic encephalopathy. With respect to each examination, all indicated studies should be performed, and the rationale for all opinions expressed should be fully explained. The claims folder must be made available to the examiners for review prior to their examinations of the veteran. 4. Thereafter, the RO should undertake any other indicated development, adjudicate the claims for service connection for eye and psychiatric disabilities, to include on secondary basis, and readjudicate the issue on appeal. If appropriate, the issue of entitlement to a total rating based on unemployability due to service-connected disabilities should also be adjudicated. If the benefit sought on appeal is not granted to the veteran's satisfaction or if a timely notice of disagreement is received with respect to any other matter, including the disposition of the raised issues discussed above, the veteran and his representative should be provided a supplemental statement of the case on all issues in appellate status and afforded a reasonable opportunity to respond. Then, the case should be returned to the Board for further appellate action, if otherwise in order. By this remand the Board intimates no opinion as to any final outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. SHANE A. DURKIN 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).