BVA9504453 
DOCKET NO.  93-04 217     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Baltimore,
Maryland

THE ISSUE

Entitlement to a permanent and total disability rating for
pension purposes.

REPRESENTATION

Appellant represented by: Paralyzed Veterans of America,
Inc.

ATTORNEY FOR THE BOARD

Margaret L. Peak, Associate Counsel

INTRODUCTION

The veteran had active service from February 1954 to February
1956.  This matter came before the Board of Veterans' Appeals
(Board) on appeal from an April 1992 decision of the Department
of Veterans Affairs (VA) Regional Office (RO) in Baltimore,
Maryland.

REMAND

The veteran is seeking a permanent and total disability rating
for pension purposes.
As an initial matter, the Board finds his claim to be "well-
grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West
1991).  That is to say, he has presented a claim that is not
implausible.  However, the evidence has been inadequately
developed to permit a fair adjudication of the issue, and the
claim must be remanded for further development, as requested by
the veteran's representative.

The law authorizes the payment of pension to a veteran of a
period of war who has the requisite service and who is
permanently and totally disabled.  38 U.S.C.A. §§ 1502, 1521
(West 1991).  Determinations of permanent total disability for
pension purposes will be based on nonservice-connected disability
or combined nonservice-connected and service-connected
disabilities not the result of willful misconduct or vicious
habits.  38 C.F.R. § 3.314(b)(2) (1993).

Here, the record is insufficient to make such a determination.
The most recent medical record is a summary of hospitalization in
1991.  The RO twice scheduled the veteran for a VA compensation
and pension examination; however, each time he failed to report,
and the examination was cancelled.  When a claimant fails to
report for an examination scheduled in conjuction with a pension
claim, the claim shall be denied.  38 C.F.R. § 3.655(b).  The
exception to this is where the failure to report was for good
cause.  § 3.655(a).

The veteran's examinations were scheduled in July and September
1992.  It appears from the record that the veteran was hit by a
car and hospitalized in July 1992.  Records of that
hospitalization are not of record.  The veteran's representative
has asserted that following the veteran's hospitalization for
this injury, he was transferred to the "VAMC, Outer Dr. Allen
Park, Michigan 48101 where he is still receiving nursing home
care."  Letter from Paralyzed Veterans of America to the Board
(Apr. 20, 1993).

It appears also from the record that the veteran may have applied
for disability benefits from the Social Security Administration
(SSA) in 1992.  The United States Court of Veterans Appeals
(Court) has held that the Board may not proceed to adjudicate a
claim of unemployability without obtaining all SSA decisions and
records concerning a veteran's claim for and award of SSA
benefits.  Murinscak v. Derwinski, 2 Vet.App. 363, 370 (1992).

When the veteran's disabilities were rated by the RO in April
1992, chronic alcoholism was identified as the only significant
interferer with gainful work.  It was attributed to willful
misconduct.  The combined nonservice-connected disability rating
was 0 percent.

Further development being required in order to complete the
record, the case is, therefore, REMANDED for the following
action:

1.  The RO should contact the veteran and
request that he identify the names,
addresses, and approximate dates of
treatment for all VA and non-VA health care
providers who have treated him from 1992 to
the present.  With any necessary
authorization from the veteran, the RO
should attempt to obtain copies of pertinent
treatment records identified by the veteran.

2.  The RO should inquire of the veteran whether
he has applied for disability benefits from the
Social Security Administration.  If the reply is
affirmative, the status of his claim should be
ascertained, and, if indicated, a copy of the
decision obtained.  Copies of any medical records
used by that agency in arriving at that decision
should also be acquired and associated with the
claims folder.

3.  When the above development has been
completed, the RO should schedule the veteran for
suitable  VA examination(s) to determine the
nature and extent of each of his present
disabilities.  The claims file should be made
available to the examiner.  Care should be taken
to ensure that the veteran receives proper notice
of the scheduling of any examination.  If the
veteran is presently hospitalized in a VA
facility, arrangements may be made for the
examination(s) to be conducted there.

4.  When the above development has been
completed, the RO should then readjudicate
the issue of entitlement to a permanent and
total disability rating for pension
purposes.  Disabilities of misconduct origin
should be so identified.  All other
disabilities should be each assigned a
rating, and those should be combined.  Full
consideration should be afforded to 38
C.F.R. §§ 4.15, 4.16 and 4.17, as well as
the extra-schedular criteria of 38 C.F.R. §
3.321(b)(2).

If the benefit sought on appeal is not granted, the veteran and
his representative should be given a supplemental statement of
the case with regard to the additional developments and should
also be afforded an opportunity to respond.  The record should be
returned to the Board for further appellate consideration, if in
order.  No action by the veteran or his representative is
required until further notice is received.

          J. J. SCHULE
          Member, Board of Veterans' Appeals

(CONTINUED ON NEXT PAGE)

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).