BVA9500264 
DOCKET NO.  93-05 231     )       DATE
          )
          )

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

THE ISSUE

Entitlement to permanent and total disability rating for pension
purposes.

REPRESENTATION

Appellant represented by: Veterans of Foreign Wars of the
United States

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from September 1962 to September
1966.

This appeal arises from an October 1992 decision which denied the
veteran's claim for a permanent and total disability rating for
pension purposes.

In statements received in December 1992 and March 1993, Lowell F.
Clark, M.D. indicated that the veteran had low back pain and in
the latter statement right sciatica with drop foot was also
noted.  No Department of Veterans Affairs examination of the low
back disability has been conducted and no disability evaluation
was assigned.

In March 1993 a copy of a letter from The Prudential Insurance
Company of America was received.  While it was indicated in the
letter that the veteran's claim on two policies had been
approved, apparently based on disability, no information
pertaining to the nature of these policies nor the requirements
for approval of a claim have been provided.

In view of the foregoing, the Board of Veterans' Appeals (Board)
finds that the issue should be REMANDED to the originating agency
for the following action:

1.  The originating agency should contact
the veteran, through his representative, to
obtain written authorization for the
release of his records from The Prudential
Insurance Company of America.  After
securing authorization, the originating
agency should request copies of all of the
veteran's records, both administrative and
medical, from The Prudential Insurance
Company of America.  All documents obtained
should be associated with the veteran's
claims file.

2.  After the requested records have been
secured, the originating agency should
schedule the veteran for orthopedic,
neurologic and general medical
examinations.  The express purpose of these
examinations is to identify and evaluate
the severity of his disabilities.  All
necessary tests, as well as any other
recommended examinations, should be
conducted and all clinical manifestations
attributable to each disability should be
reported in detail.  It is imperative that
the examining physicians be given access to
the veteran's claims file for a sufficient
period of time prior to the examinations to
allow for a complete review of the record.

3.  After completion of the above, the
originating agency should again adjudicate
the veteran's claim for a permanent and
total disability rating for pension
purposes on the basis of all the evidence
of record.  They should assign a schedular
rating for each of the veteran's
disabilities and should review the
veteran's claim by considering the "average
person" standard under 38 U.S.C.A.
§ 1502(a)(1) (West 1991) as well as the
"unemployability" standard under 38 C.F.R.
§§ 4.17 and 3.321(b)(2) (1993).

4.  If any determination made is
unfavorable to the veteran, a supplemental
statement of the case that sets forth the
evidence received since the statement of
the case, the appropriate diagnostic codes
and a discussion of their applicability to
the veteran's disabilities, and a
discussion of the "average person" and
"unemployability" standards should be
provided to the veteran and his
representative.  They should be afforded
the appropriate period of time in which to
respond.

Thereafter, the case should be returned to the Board for further
consideration, if in order.  No action is required by the veteran
until he receives further notice.  The purpose of this REMAND is
to obtain clarifying medical information and afford the veteran
due process.

          ALBERT D. TUTERA
          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 action has been taken in
accordance with the Veterans' Benefits Improvements Act of 1994,
Pub. L. No. 103-446, § 303, 108 Stat. 4645, ___ (1994), and 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).