BVA9507560 DOCKET NO. 93-10 696 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Nashville, Tennessee THE ISSUE Entitlement to an increased evaluation for a psychiatric disorder, currently rated as 30 percent disabling. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL The veteran ATTORNEY FOR THE BOARD John D. Nachmann, Associate Counsel INTRODUCTION The veteran had active military service from November 1969 to February 1972. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision of March 1992 by the Department of Veterans Affairs (VA) Nashville, Tennessee, Regional Office (RO). REMAND The veteran has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a). See Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App. 49, 55 (1990). That is, the Board finds that he has submitted a claim which is plausible. The VA therefore has a duty to assist the veteran in developing facts pertinent to his claim. See Littke v. Derwinski, 1 Vet.App. 90, 91-92 (1990). During his May 1993 personal hearing, the veteran testified that he was receiving psychiatric counseling at the VA clinic in Chattanooga, Tennessee, on a regular basis. Although these records probably contain information that is relevant to the issue on appeal, they have not been associated with the veteran's claims file. Other records show that the veteran has recently received VA psychiatric treatment, including hospitalization, since he was last examined for compensation purposes. The VA's duty to assist requires the conduction of a thorough and contemporaneous medical examination. See Green v. Derwinski, 1 Vet.App. 121, 124 (1991). In the Board's judgment, in view of the veteran's treatment and his testimony at the RO, further development of the case is warranted before a final decision is reached by the Board. Accordingly, this case is REMANDED for the following actions: 1. The RO should contact the Chattanooga, Tennessee, VA Satellite Outpatient Clinic and obtain all medical records pertaining to the veteran as well as any recent pertinent records of treatment elsewhere. All records obtained should be associated with the veteran's claims file. 2. After the above development has been completed, the veteran should be afforded a special psychiatric examination in order to determine the nature and severity of his anxiety disorder, including post-traumatic stress disorder. The examination should be conducted in accordance with the Physician's Guide for Disability Evaluation Examinations (1985). In addition, the examiner should provide an assessment of the veteran's level of functioning as measured by the Global Assessment of Functioning Scale (GAF Scale), along with an explanation as to what the assigned score represents. The examiner should be requested to offer an opinion as to the extent to which the service-connected disability (as distinct from any nonservice-connected psychiatric disability), interferes with the veterans initiative, flexibility, efficiency and reliability levels. The claims folder should be made available to the examiner for review. After completion of the requested development, the case should be reviewed by the RO. If the determination remains adverse to the veteran in any way, the case should be returned to the Board after compliance with the provisions for processing appeals, including the issuance of a supplemental statement of the case. The veteran and his representative should be provided with the applicable time period for response thereto. 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. No action is required of the veteran until he is notified. CHARLES E. HOGEBOOM 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).