Citation Nr: 1005136	
Decision Date: 02/04/10    Archive Date: 02/25/10

DOCKET NO.  06-07 350	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in St. 
Petersburg, Florida


THE ISSUE

Entitlement to an increased rating for schizophrenia, 
currently rated as 10 percent disabling.



REPRESENTATION

Veteran represented by:	Kenneth LaVan, attorney



ATTORNEY FOR THE BOARD

Michael Martin, Counsel




INTRODUCTION

The Veteran had active service from January 1980 to September 
1981.

This matter came before the Board of Veterans' Appeals 
(Board) on appeal from a decision of March 2005 by the 
Department of Veterans Affairs (VA) St. Petersburg, Florida, 
Regional Office (RO).  

The appeal is REMANDED to the RO via the Appeals Management 
Center (AMC), in Washington, DC.  VA will notify the Veteran 
if further action is required.


REMAND

The Board finds that further action is required pursuant to 
the Veterans Claims Assistance Act of 2000 (VCAA) with 
respect to the Veteran's claim for a higher rating.  In 
particular the Board finds that additional development of 
evidence is required.  The most recent psychiatric treatment 
records contained in the claims file are from 2004.  In a 
written stated dated in June 2008, the Veteran reported that 
his condition had increased in severity, and that evidence to 
support his claim was located at the VA Medical Center in 
Miami.  These more recent records must be obtained.  

In addition, the Veteran's most recent disability evaluation 
examination was conducted over three years ago in November 
2006.  In light of the Veteran's assertion in 2008 that the 
disability had increased in severity, such an examination is 
too old to allow assessment of the current severity of his 
disability.  As such, VA is required to afford him a 
contemporaneous VA examination to assess the current nature, 
extent and severity of his psychiatric disorder.  See 
Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007); 
Snuffer v. Gober, 10 Vet. App. 400, 403 (1997); see also 
VAOPGCPREC 11-95 (1995), 60 Fed. Reg. 43186 (1995).  Thus, 
the Board has no discretion and must remand this claim.  



Accordingly, the case is REMANDED for the following action:

1.  The RO should request that the 
Veteran identify all health care 
providers who treated him for psychiatric 
disorder within the last four years.  The 
RO should also enquire as to whether the 
veteran is in receipt of Social Security 
Administration disability benefits.  
Thereafter, the RO should attempt to 
obtain any additional evidence identified 
by the Veteran, to include all 
psychiatric treatment records from the 
VAMC in Miami from 2004 to the present 
date.

2.  The Veteran should also be scheduled 
for a VA psychiatric examination to 
determine the current severity of his 
service-connected psychiatric disorder.  
The examiner is requested to determine 
all current manifestations associated 
with the Veteran's psychiatric disorder 
and to comment on their severity.  The 
examination should specifically address 
the degree of social and occupational 
impairment caused by the veteran's 
psychiatric disorder.  A current Global 
Assessment of Functioning (GAF) scale 
score should be provided.  The claims 
folder should be available for review in 
conjunction with the examination.  The 
examiner should also indicate the effect, 
if any, that the Veteran's disorder has 
on his employability.  All findings, and 
the reasons and bases therefore, should 
be set forth in detail.

3.  Thereafter, the RO should 
readjudicate the Veteran's claim.  If the 
benefits sought on appeal remain denied, 
the Veteran should be provided a 
supplemental statement of the case 
(SSOC).  The SSOC must contain notice of 
all relevant actions taken on the claims 
for benefits, to include a summary of the 
evidence and applicable law and 
regulations considered pertinent to the 
issues currently on appeal.  An 
appropriate period of time should be 
allowed for response.

The Veteran has the right to submit additional evidence and 
argument on the matter or matters the Board has remanded.  
Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law 
requires that all claims that are remanded by the Board of 
Veterans' Appeals or by the United States Court of Appeals 
for Veterans Claims for additional development or other 
appropriate action must be handled in an expeditious manner.  
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009).



_________________________________________________
MARJORIE A. AUER 
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the 
Board of Veterans' Appeals is appealable to the United States 
Court of Appeals for Veterans Claims.  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) (2009).