92 Decision Citation: BVA 92-26305 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 92-54 208 ) DATE ) ) ) THE ISSUES 1. Entitlement to an increased rating for schizophrenic reaction, currently evaluated as 50 percent disabling. 2. Entitlement to a total disability rating based on individual unemployability. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD J. L. Prichard, Associate Counsel INTRODUCTION The veteran had active service from June 1960 to March 1962. This case comes before the Board on appeal of a July 1991 rating decision of the St. Petersburg, Florida, Regional Office (hereinafter RO), which increased the evaluation of the veteran's schizophrenic reaction from 30 percent to 50 percent. The veteran submitted a notice of disagreement in August 1991. A statement of the case was issued in September 1991. The substantive appeal was received in October 1991. The case was received and docketed at the Board in January 1992. The veteran's representative, The American Legion, submitted additional written argument in April 1992, and the case is now ready for appellate review. REMAND The veteran contends that his service-connected schizophrenic reaction prevents him from performing any gainful employment. The veteran was last afforded a Department of Veterans Affairs (VA) examination in June 1991. The report of this examination is the only current medical evidence of record. The examiner noted that the veteran was being treated by a psychiatrist in Lake City, Florida. However, records pertaining to this treatment are not contained in the claims folder. The examiner indicated that the veteran was incapable of gainful employment due to the severity of his service-connected psychiatric disorder. In a psychiatric report dated December 27, 1983, it was reported that the veteran was "trying to make a living on his social security and the V.A. income." It is unclear from the current record whether or not the veteran is in receipt of disability benefits from the Social Security Administration. The record reflects that in a statement (VA Form 21-4138) dated August 7, 1985, the veteran reported that he had met with a Vocational Rehabilitation Counselor regarding his claim for Chapter 31 benefits. Vocational Rehabilitation and Counseling folders have not been associated with the records assembled for appellate review. The VA has a duty to assist the veteran in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107 (West 1991). Therefore, in order to assist the veteran in the development of his claim, this section of the Board finds it necessary to REMAND the above-captioned case for the following developments: 1. The veteran should be furnished an application for increased compensation based on unemployability (VA Form 21-8940). If the completed form is received, any indicated development should be accomplished, to include all development suggested in paragraph 50.53 of M21-1. 2. VA Vocational Rehabilitation and Counseling folders pertaining to the veteran should be associated with the claims folder. See paragraph 23.10 of M21-1. 3. The RO should determine whether or not the veteran has ever been awarded disability benefits by the Social Security Administration. If he has, the RO should obtain copies of the medical evidence upon which the Social Security Administration determined that the appellant was disabled for Social Security purposes. 4. The RO should obtain copies of records pertaining to treatment of the veteran for his psychiatric disability, including the records from the psychiatrist in Lake City, Florida, noted in the June 1991 VA examination report. These records should then be associated with the claims folder. 5. The RO should arrange for a social and industrial survey to obtain a concise and relevant social data base to assist in evaluating the degree of social and industrial impairment resulting from the veteran's psychiatric disorder, and in assessing the veteran's potential for improved social functioning and employment. The veteran's social, educational, and vocational history, as well as his current situation, including his current symptoms and any recent attempts at employment, should be set forth. 6. The veteran should be afforded a complete VA psychiatric examination. All indicated tests and studies should be performed. The examining physician should express an opinion as to the degree of social and industrial impairment resulting from psychiatric symptoms. The claims folder must be made available to the examining physician for use in the study of this case. When these developments have been completed, the RO should review the veteran's claim on the basis of the additional evidence. If the decision remains unfavorable to the veteran, both he and his representative should be issued an appropriate supplemental statement of the case. The case should then be returned to the Board for further appellate review. The purpose of this REMAND is to assist the veteran in the development of his claim, and this section of the Board does not intimate any opinion, either legal or factual, as to the ultimate disposition warranted in this appeal. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 GARY L. GICK H. STERLING, M.D. * (Member Temporarily Absent) *38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional Member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. 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. 57 Fed. Reg. 4126 (1992) (to be codified as 38 C.F.R. § 20.1100(b)).