Citation NR: 9700142 Decision Date: 01/07/97 Archive Date: 02/03/97 DOCKET NO. 94-38 147 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Honolulu, Hawaii THE ISSUE Entitlement to nonservice-connected pension. ATTORNEY FOR THE BOARD Susanne Blume, Associate Counsel INTRODUCTION The veteran had recognized service from April 1968 to December 1969. This matter came before the Board of Veterans' Appeals (Board) on appeal from a March 1994 determination of the Honolulu, Hawaii Regional Office (RO) of the Department of Veterans Affairs (VA), which denied entitlement to nonservice-connected pension. REMAND Following a preliminary review of the record, the Board is of the opinion that additional development is needed in order to supplement the record with sufficient information in order for the Board to render a determination of the issue on appeal. The record indicates that the veteran has been a patient at the VA Mental Health Clinic since 1986. He had been receiving treatment for Paranoid Schizophrenia with group therapy and Haldol. A letter submitted by the veteran's psychiatrist in September 1994 indicated that the veteran had minimal symptoms at present however when he is under interpersonal stress, his symptoms increase. The symptoms include auditory hallucinations which direct him, suicidal thoughts, lack of concentration and paranoia. The doctor opined that the veteran may be able to do part-time volunteer work which involved little stress under supervision. The doctor provided no further opinion as to the veteran's employability. In his substantive appeal the veteran stated that he had not worked in many years. He had great difficulty in performing even simple tasks consistently. He reported taking three medications which he stated make him lethargic, subject to dizzy spells and severely confused. He claimed that overall his thought process was chaotic and extremely slow. He also indicated that he had tried to find work but no one would hire him because of his condition and medication. He also indicated that he is receiving disability benefits from the Social Security Administration(SSA). A veteran who has served for 90 days or more during a period of war is entitled to VA non-service-connected pension if he or she is permanently and totally disabled from non-service- connected disability. 38 U.S.C.A. § 1521(a), (j) (West 1991). A veteran is permanently and totally disabled if he or she suffers from a disability which would render it impossible for the average person to follow a substantially gainful occupation, and it is reasonably certain that such disability will continue throughout the life of the veteran. 38 U.S.C.A. § 1502(a) (West 1991). The record reflects that the veteran has not received a VA psychiatric examination or social/industrial survey for the purposes for determining his employability. While the opinion of the doctor regarding volunteer work cited above could be interpreted as indicating the veteran could not maintain full time employment, it is somewhat vague. The Board finds that a psychiatric examination and social/industrial survey would provide a more definitive opinion. The record also reflects that the RO requested the veteran to provide information regarding medical evidence submitted to the SSA in relation to his disability benefits but there is no indication that the SSA itself was contacted. Accordingly, in view of the foregoing, this matter is REMANDED to the RO for the following actions: 1. The RO should obtain the veteran’s treatment records at the VA Medical Center, Honolulu, since 1994. These records should be associated with the claims folder. 2. Thereafter, the veteran should be afforded a VA psychiatric examination to determine the severity of the veteran's schizophrenia. All indicated studies should be conducted. The examination report should include a full description of the symptoms, clinical findings and associated functional impairment. The examiner should provide an opinion as to the veteran's level of functional impairment and the degree of impairment of the veteran to perform substantially gainful employment due to his schizophrenia. The claims folder should be made available to the examiner for review before the examination. 3. The veteran should be afforded a VA social and industrial survey to assess the veteran's employment history and day- to-day functioning. A written copy of the report should be inserted into the claims folder. 4. The RO should obtain from the Social Security Administration the records pertinent to the veteran's claim for Social Security disability benefits, as well as the medical records relied upon concerning that claim. 5. The RO should then review the veteran's claim in light of all the pertinent evidence of record and readjudicate the claim of entitlement to a permanent and total rating for nonservice-connected pension purposes. If any benefit sought remains denied, the veteran and his representative should be furnished with a supplemental statement of the case to include all pertinent evidence, laws and regulations not previously provided. They should be given a reasonable opportunity to respond. They should also be informed of the need to file a notice of disagreement and/or substantive appeal where applicable in order to allow for Board consideration of any additional issues. Thereafter, the case should be returned to the Board for further appellate consideration, if warranted. No action is required of the veteran until he receives further notice. By this remand, the Board intimates no opinion as to the ultimate outcome of this case. 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, 741 (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) (1995). - 2 -