BVA9504168 DOCKET NO. 92-05 203 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Los Angeles, California THE ISSUE Entitlement to an increased rating for chronic undifferentiated- type schizophrenia, currently evaluated as 30 percent disabling. REPRESENTATION Appellant represented by: William G. Smith, Attorney ATTORNEY FOR THE BOARD P. A. Dowdell, Associate Counsel INTRODUCTION The veteran served on active duty from May 1969 to August 1970. This case initially arose from a rating decision of March 1991 from the Los Angeles, California, Regional Office (RO). In a decision dated in August 1993, the Board of Veterans' Appeals (hereinafter the Board) denied entitlement to an increased rating for chronic undifferentiated-type schizophrenia. The veteran appealed that determination to the United States Court of Veterans Appeals (Court), which vacated the Board's August 1993 decision and remanded the case to the Board for further adjudication pursuant to a Joint Motion for Remand and To Stay Further Proceedings. [citation redacted]. This Remand is rendered pursuant to the Court Order and the instructions contained in the joint motion for remand. REMAND The veteran contends, in essence, that the RO committed error when it denied an increased rating for chronic undifferentiated- type schizophrenia. After a review of the record, to include the October 1994 Court Order and joint motion for remand cited above, the Board is of the opinion that additional development of the record is requisite prior to further consideration of the veteran's claim. It has been indicated that in conjunction with the generation of the record on appeal, the appellant counter-designated a "[r]eport from Alfred M. Bloch, M.D., dictated on November 5, 1978, apparently 8 pages in length." However, the claims file contains only the eighth page of that report. The Court indicated that an attempt should be made to procure the balance of Dr. Bloch's report. Additionally, in a letter dated in February 1995, the veteran's representative appears to raise the additional issue of entitlement to a total disability rating for compensation purposes based on individual unemployability. Entitlement to a total disability rating for compensation purposes based on individual unemployability, under the provisions of 38 C.F.R. § 4.16 (1993), has not been considered by the RO. This claim, and the evidence pertaining thereto, is integrally related to the issue of entitlement to an increased rating for chronic undifferentiated-type schizophrenia. The United States Court of Veterans Appeals (hereinafter the Court) has held that all matters that are inextricably intertwined must be adjudicated by the Department of Veterans Affairs (hereinafter VA) prior to any determination by the Board on the merits of the claim. See Harris v. Derwinski, 1 Vet.App. 180, 183 (1991). Further, the veteran's representative requests that all VA medical records be obtained and associated with the claims file. The veteran's representative notes that the veteran has received treatment at the VA Outpatient Clinic at 351 East Temple Street, Los Angeles, California, as well as the VA Medical Center in Long Beach, California, and the VA Medical Center in West Los Angeles, California. The veteran's representative points out that they have had difficulties in obtaining copies of records from these facilities when they had previously transferred their records to the Federal Records Storage facility at Laguna Niguel, California. The veteran's representative specifically requests that an investigation be made to determine whether records have been transferred to Laguna Niguel by either the VA Medical Center in Long Beach, California, or the VA Medical Center in West Los Angeles, California, and that a full documentation of the efforts that have been made to obtain such records be placed in the veteran's file. The veteran's representative has also requested that the veteran be afforded a personal hearing before a VA hearing officer at the Los Angeles, California regional office if a favorable determination cannot otherwise be made. To ensure that the Department of Veterans Affairs (VA) has met its duty to assist the claimant in developing the facts pertinent to the claim and to ensure full compliance with due process requirements, the case is REMANDED to the regional office (RO) for the following development: 1. The regional office should take appropriate steps to contact the veteran in order to obtain information about all treatment he has received since 1991 for his service-connected chronic undifferentiated-type schizophrenia. The regional office should then attempt to obtain copies of all records, not already included in the claims folder, referable to any identified treatment and associate these records with the veteran's claims file. This should include all reports of treatment at the VA Outpatient Clinic at 351 East Temple Street, Los Angeles, California, VA Medical Center, Long Beach, California, and VA Medical Center, West Los Angeles, California. An investigation should be made to determine whether records have been transferred to the Federal Records Storage facility at Laguna Niguel, California by either the VA Medical Center in Long Beach, California, or the VA Medical Center in West Los Angeles, California. A full documentation of the efforts that have been made to obtain all records must be placed in the claims file. 2. The RO should obtain a full copy of the report of Alfred M. Bloch, M.D., dictated on November 5, 1978, apparently 8 pages in length. Any authorization necessary for the release of additional documents shall be obtained from the veteran. 3. The veteran should be scheduled for a personal hearing before a hearing officer at the RO. 4. Thereafter, the veteran should be accorded a special psychiatric examination to determine the nature and severity of his chronic undifferentiated-type schizophrenia. This study must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, must be conducted. The claims file must be made available to, and reviewed by, the examiner prior to the requested study. The examiner should be specifically requested to comment upon the veteran's ability to obtain and maintain substantially gainful employment. The examiner must assign a Global Assessment of Functioning (GAF) Score consistent with the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL FOR MENTAL DISORDERS (3rd ed. rev., 1987), and explain what the score represents. A complete rationale for any opinion expressed must be provided. 5. The RO should provide the veteran VA form 21-8940, Veteran's Application for Increased Compensation Based on Unemployability, with instructions that the veteran complete the form and return it to the VA for consideration in conjunction with his claim for increased benefits. 6. Following completion of the above, the regional office should review the veteran's claims and determine whether an increased rating for chronic undifferentiated-type schizophrenia, to include a total disability rating for compensation purposes based on individual unemployability, under the provisions of 38 C.F.R. § 4.16 (1993), can now be granted. The RO must review the claims folder and ensure that all the foregoing development actions have been conducted and completed in full. If any development is incomplete, including that the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. 7. If any decision remains adverse to the veteran, for which a notice of disagreement has been filed, he and his representative should be furnished a supplemental statement of the case, and afforded a reasonable opportunity for reply. Thereafter, subject to the 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 so informed. The purposes of this REMAND are to obtain additional medical evidence and to ensure compliance with due process consideration. U. R. POWELL 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).