BVA9501528 DOCKET NO. 93-08 917 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to an increased rating for conversion reaction, currently evaluated as 10 percent disabling. 2. Entitlement to an increased (compensable) rating for a right wrist disorder. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Jeffrey A. Pisaro, Counsel INTRODUCTION The veteran had active service from August 1966 to April 1967. This appeal arises from a July 1992 rating decision of the Pittsburgh, Pennsylvania, Regional Office (RO). REMAND The duty to assist includes affording the veteran a thorough and contemporaneous examination that takes into account the records of prior medical treatment. Green v. Derwinski, 1 Vet.App. 121 (1991). The severity of psychiatric disability is based upon actual symptomatology as it affects social and industrial adaptability. See 38 C.F.R. §§ 4.129, 4.130 (1993). The July 1992 VA psychiatric examination is inadequate to evaluate the veteran's psychoneurosis. First, it appears that the veteran's medical records were not available for review by the examiner. Also, the report of examination fails to adequately assess the degree of social and industrial inadaptability present. Multiaxial assessment V: global assessment of functioning with respect to psychological, social and occupational functioning was not provided. In addition, the veteran was not afforded a VA orthopedic examination to evaluate the degree of disability present relative to his right wrist. Additionally, the provisions of 38 C.F.R. § 4.59 provide that actually painful joints due to healed injury are recognized as productive of disability entitled to at least a minimal compensable rating for the joint. It is clear that the role of pain in the evaluation of disabilities of the musculoskeletal system must be taken into consideration and the veteran's disability must be evaluated in light of the provisions of 38 C.F.R. §§ 4.40 and 4.45 (1993). In view of the foregoing, the veteran should be afforded VA orthopedic and psychiatric examinations. Under the circumstances of this case, the Board finds that further assistance is required. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the veteran and obtain the names and addresses of all health care providers where he has received treatment for the disabilities at issue since separation from service, particularly any recent medical treatment. Thereafter, the RO should obtain legible copies of all records and associate them with the claims folder. 2. The veteran should be afforded VA examinations in psychiatry and orthopedics to determine the nature and extent of all psychoneurotic and right wrist disability. All indicated tests, to include x-rays of the right wrist, should be accomplished. The examiners must review the entire claims folder prior to the examinations. Disability should be evaluated in relation to its history, with emphasis upon the limitation of activity imposed by the disabling condition in light of the whole recorded history. In particular, the psychiatric examination report must contain all five multiaxial assessment levels as provided in DSM-III to include an assessment of the veteran's social and industrial inadaptability using the global assessment of functioning scale. The orthopedic examination report should include complete range of motion studies for the right wrist; the examiner should note any complaint of pain or limitation of function of the right wrist; and painful motion should be carefully noted and definitely related to the affected joint. 3. When the above developments have been completed, the case should be reviewed by the RO. If the decision remains adverse to the veteran, he and his representative should be furnished with a supplemental statement of the case which includes consideration of 38 C.F.R. §§ 3.321(b)(1), 4.3, 4.7, 4.10, 4.40, 4.45, 4.59, 4.129, and 4.130. They should then be afforded the applicable period of time to respond. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration, if appropriate. The veteran need take no action until he is further informed. The purpose of this REMAND is to obtain additional information and to ensure due process of law. No inference should be drawn regarding the final disposition of the claim as a result of this action. 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 action has been taken in accordance with the Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).