BVA9508241 DOCKET NO. 93-14 726 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Hartford, Connecticut THE ISSUE Entitlement to an increased evaluation for dysthymic disorder, currently rated as 30 percent. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD J. W. Loeb, Counsel INTRODUCTION The veteran served on active duty from July 1971 to April 1983. This case came before the Board of Veterans' Appeals (Board) on appeal from an October 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Hartford, Connecticut. REMAND A review of the claims file reveals that since the most recent VA psychiatric examination report on file, which was conducted in August 1991, VA outpatient records showing subsequent treatment for the veteran's service-connected psychiatric disorder were received. These records reflect that adjustments have been made to his medication regimen. Consequently, there is a question as to the current severity of his dysthymic disorder. Based on the above, the Board finds that additional development is required prior to final disposition of this case. Therefore, this case is being REMANDED to the RO for the following actions: 1. The veteran should be permitted to submit any additional evidence in his possession that is pertinent to the issue on appeal. He should also be requested to provide the complete names, addresses, and dates of treatment of any physicians or facilities that have treated him for his service-connected dysthymic disorder since October 1992, which is the date of the most recent clinical evidence on file. Any medical provider identified should be asked by the RO for copies of the veteran's clinical records. Any records obtained should be associated with the claims folder. The veteran should be asked to sign any necessary consent forms for release of his private medical records. 2. The veteran should be given a special psychiatric examination, in accordance with the VA Physician's Guide for Disability Evaluation Examinations, to determine the current severity of his service-connected dysthymic disorder. The claims folder must be made available to the examiner for review prior to the examination. All necessary tests and studies, including appropriate psychological studies, should be conducted, and all findings should be reported in detail. The examiner should obtain a recent employment history from the veteran, to include any time lost from employment due to his dysthymic disorder or, if he has been unemployed, any unsuccessful attempts to obtain employment. The examiner should also provide an opinion of the extent to which the veteran's dysthymic disorder interferes with his ability to establish and maintain relationships as well as the reduction in initiative, efficiency, flexibility and reliability levels due to his dysthymic disorder. In this regard, the terms mild, definite, considerable, severe and total are the preferred descriptive adjectives. A complete rationale for any opinion expressed must be provided. 3. The RO should then readjudicate the issue on appeal, to include consideration of the provisions of 38 U.S.C.A. § 5107(b) (West 1991), 38 C.F.R. §§ 3.321(b)(1), 4.130 and 4.7 (1994), and the decisions of the United States Court of Veterans Appeals in Hood v. Brown, 4 Vet.App. 301 (1993), as subsequently interpreted by O.G.C. Prec. 9- 93 (Nov. 9, 1993), and Massey v. Brown, 7 Vet.App. 204 (1994). When the above actions have been completed, unless the claim is granted to the satisfaction of the veteran, the veteran and his representative should be provided with a supplemental statement of the case and given the applicable time period to respond. The case should then be returned to the Board, if otherwise in order. The veteran need take no action until notified. THOMAS J. DANNAHER 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) (1994).