BVA9508419 DOCKET NO. 93-15 420 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Newark, New Jersey THE ISSUE Entitlement to a rating in excess of 30 percent for post- traumatic stress disorder. REPRESENTATION Appellant represented by: New Jersey Department of Military and Veterans' Affairs ATTORNEY FOR THE BOARD D. B. Weiss, Associate Counsel INTRODUCTION The veteran had active duty from July 1969 to April 1972. The Board of Veterans' Appeals (Board) notes that in addition to the issue stated on the title page, the veteran was given a statement of the case covering the issue of an increased rating for residuals of left eye injury. This issue was withdrawn from appellate review in the substantive appeal. REMAND Service connection for post-traumatic stress disorder was granted by rating action of January 1993, with assignment of a 30 percent evaluation from January 1992. A review of the evidence shows that, when the veteran was hospitalized by the Department of Veterans Affairs (VA) in January 1992, the diagnoses included alcohol dependence, severe, cocaine dependence, severe, cannabis dependence, severe, psychoactive substance abuse, and post- traumatic stress disorder. when he was hospitalized by the VA in February 1992, the examiner noted that he had been hospitalized in January 1992 for detoxification but had left before treatment completion because of his mother's funeral. He had resumed drinking two days after discharge. He described drinking beer and use of cocaine. At the veteran's VA post-traumatic stress disorder (PTSD) examination of August 1992, the diagnoses included major depression, PTSD, and substance abuse of alcohol and cocaine. However, the examiner did not explain what impairment was attributable, respectively, to the respective disorders. To ensure that VA has met its duty to assist the appellant in developing the facts pertinent to the claim, the case is REMANDED to the regional office (RO) for the following development: 1. The RO should obtain the names and addresses of all medical care provides who treated the veteran for PTSD since March 1992. After securing the necessary release, the RO should attempt to obtain these records. 2. The veteran should be afforded a VA psychiatric examination to determine the severity of PTSD. The examiner should comment upon the etiological relationship, if any, between any multiple diagnoses rendered. The examiner should provide an opinion on the veteran's functional impairment from the PTSD and from any etiologically related diagnoses, by utilizing the Global Assessment of Functioning Scale found in the American Psychiatric Association: Diagnostic and Statistical Manual of Mental Disorders; an explanation of the score assigned should be provided by the examiner. A separate assessment of impairment due to drug abuse should be provided as well, if such impairment is shown by the examination and review of the record. The claims folder must be provided to the examiner prior to the examination. Any indicated tests should be performed. 3. After the development requested above has been completed to the extent possible, the RO should again review the record. If any benefit sought on appeal, for which a notice of disagreement has been filed, remains denied, the appellant and representative should be furnished a supplemental statement of the case and given the opportunity to respond thereto. Thereafter, the case should be returned to the Board, if in order. The Board intimates no opinion as to the ultimate outcome of this case. The appellant need take no action until otherwise notified. V. L. JORDAN 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).