BVA9505286 
DOCKET NO.  93-11 988     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New York, New
York

THE ISSUE

Entitlement to an increased evaluation for post-traumatic stress
disorder, currently evaluated as 70 percent disabling, to include
consideration under the provisions of 38 C.F.R. § 4.16(c).

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

Wayne A. Tonkins, Associate Counsel

INTRODUCTION

The appellant has verified active duty service from July 1968 to
July 1972.

This matter came before the Board of Veterans' Appeals
(hereinafter the Board) from a rating decision of December 1991
from the New York, New York, Regional Office (hereinafter RO)
which confirmed a 30 percent rating for post-traumatic stress
disorder.  A subsequent personal hearing conducted in February
1993 resulted in the hearing officer assigning a 70 percent
evaluation effective from August 1991, pertaining to the
veteran's post-traumatic stress disorder.  The increased
disability evaluation to 70 percent disabling for post-traumatic
stress disorder was a partial grant of benefits sought by the
veteran.  The veteran requested an increased disability
evaluation to 100 percent in a letter received by the VA in April
1993.

REMAND

The veteran contends that he is more disabled than the current
70 percent disability rating reflects and that a higher
disability rating is warranted for his post-traumatic stress
disorder symptomatology.  It is argued that his post-traumatic
stress disorder requires medication and has rendered him
unemployable.  Post-traumatic stress disorder is noted to be the
veteran's only service connected disability.

In reviewing the record, this Board member notes that the veteran
provided testimony during his personal hearing conducted in
February 1993 that he receives Social Security disability
benefits based upon unemployability.  However, documentation of
the award of such benefits has neither been requested nor
incorporated into the record.

The United States Court of Veterans Appeals (hereinafter "the
Court") has held in Masors v. Derwinski, 2 Vet.App. 181, 187-188,
526 (1992), that where the Social Security Administration has
made a decision regarding employability, the record supporting
that decision must be secured.

This Board member further noted that the last VA psychiatric
examination for compensation or pension purposes conducted in
August 1991 is somewhat dated and that an updated examination
would be beneficial.  In light of the Court's holding in Masors,
and the August 1991 date of the most recent VA psychiatric
examination this case is REMANDED for the following action:

1.  The RO should contact the Social
Security Administration and request it to
provide both documentation of the veteran's
present disability benefits and any records
developed in association with the award of
such benefits.  Upon receipt of the
requested information, it should be
incorporated into the record.

2.  The veteran should undergo an
examination by a psychiatrist to determine
the current extent of impairment pertaining
to his post-traumatic stress disorder.  The
examiner must be provided with the
veteran's claims folder for review prior to
the examination and the examination
performed must be consistent with the
appropriate Physician's Guide for
Disability Evaluation Examinations.

3.  All diagnostic tests deemed necessary
by the examiner should be conducted, with
it being specifically requested that the
veteran be assigned a Global Assessment of
Functioning (GAF) Score.  The examiner
should express an opinion regarding the
severity of the disability and assess the
veteran's ability to work.  Any treatment
reports for post-traumatic stress disorder
dated after August 1994 should be obtained
by the RO.

When the above development has been completed, the case should
again be reviewed by the RO.  If the decision remains adverse to
the veteran, he and his representative should be furnished a
supplemental statement of the case and afforded a reasonable
period to respond.  Thereafter, subject to current appellate
procedures, the case should be returned to the Board for further
appellate consideration if appropriate.

The veteran need take no action unless he is further informed.
The purpose of this REMAND is to obtain additional evidence and
no inference should be drawn regarding the final disposition of
the claim.

          JEFF MARTIN
          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) (1993).