BVA9501181 
DOCKET NO.  93-11 414     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Roanoke,
Virginia

THE ISSUE

Entitlement to a total disability rating for compensation based
on individual unemployability.

REPRESENTATION

Appellant represented by: Military Order of the Purple
Heart

WITNESS AT HEARING ON APPEAL

Appellant

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had active duty from August 1966 to August 1968.

At a personal hearing conducted at the Board of Veterans' Appeals
(Board) in August 1993, the appellant submitted into the record a
copy of his resume and a job application, waiving initial
consideration by the regional office (RO).  He testified that he
had earned 1993 income of $5,000 as of the date of the hearing,
but indicated that he was unemployed and had been denied a job
working for the Department of Veterans Affairs (VA) on the basis
of his disability.  The last disability evaluation examination of
the appellant by VA occurred in 1973.  It is the opinion of the
Board that a job application examination by VA in April 1992 did
not include sufficient detailed clinical findings so as to
adequately evaluate each of the appellant's service-connected
disabilities.

In Fisher v. Principi, 4 Vet.App. 57 (1993), the Court held that
in a claim for a total rating for compensation purposes based on
individual unemployability, where the disability rating did not
entitle the appellant to a total disability rating under
38 C.F.R. § 4.16(a), the rating board must also consider the
applicability of 38 C.F.R. § 4.16(b), and that the decision (or
non-decision) by the RO whether to refer  a case to the Director
for extra-schedular consideration under § 4.16(b) is
an adjudicative decision subject to review by the Board and the
Court.

To ensure that VA has met its duty to assist the appellant in
developing the facts pertinent to the claim, the case is REMANDED
to the RO for the following development:

1.  The RO should request the veteran to
identify all sources of recent treatment for
his service-connected disabilities.  Copies
of the medical records from all sources he
identifies (not already in the claims
folder) should then be requested.

2.  The appellant should be afforded a VA
social and industrial survey to assess his
employment history and day-to-day
functioning.  A written copy of the report
should be inserted into the claims folder.

3.  The appellant should be afforded VA
disability evaluation examinations to
determine the current extent of all
service-connected disabilities.  Clinical
findings with respect to each such
disability should be recorded in detail.
The claims folder should be made available
to the examiners for review before the
examinations.

4.  Thereafter, the RO should readjudicate
the veteran's claim.  If the veteran's
disabilities do not meet the schedular
requirements of 38 C.F.R. § 4.16(a) for
assignment of a total rating, the rating
decision should reflect consideration of the
applicability of 38 C.F.R. §§ 3.321(b)(1)
and 4.16(b).

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If the
benefit sought on appeal remains denied, the appellant and
representative should be furnished a supplemental statement of
the case and given the opportunity to reply.  Thereafter, the
case should be returned to the Board, if in order.  The Board
intimates no opinion as to the ultimate outcome of this case.
The appellant need take no action unless otherwise notified.

          GARY L. GICK
          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 deter-
mination.  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).