BVA9506249 
DOCKET NO.  93-12 047     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Francisco,
California

THE ISSUE

Entitlement to an increased evaluation for a psychiatric
disorder, currently rated as 30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Bernard T. DoMinh, Associate Counsel
INTRODUCTION

The veteran served on active duty from May 1987 to October 1990.

This matter comes to the Board of Veterans' Appeals (Board) on
appeal from a rating decision by the San Francisco, California,
Regional Office (RO) of the Department of Veterans Affairs (VA),
which denied the veteran's claim for an increased evaluation for
a psychiatric disorder (psychosis), currently rated as 30 percent
disabling.

REMAND

The veteran's claims folder shows that in 1991 he applied for VA
vocational rehabilitation benefits under 38 U.S.C.A. Chapter 31
(West 1991).  In September 1993, his representative at the Board
specifically requested that he be provided with a copy of the
vocational rehabilitation folder to assist in preparation of the
veteran's claim.  The claims folder does not include the
veteran's vocational rehabilitation folder or any vocational
counseling records.  The representative's request for these VA
records should be accommodated to ensure that the duty to assist
has been fulfilled.  38 U.S.C.A. § 5107(a) (West 1991);
38 C.F.R. §§ 3.103(a), 3.159 (1994); Jolley v. Derwinski, 1
Vet.App. 37 (1990).

The veteran's psychiatric disorder was evaluated in two VA rating
examinations performed in May 1992 and October 1992.  The reports
of both these examinations show that the veteran's claims folder
was not available for the psychiatric examiner to review.  As a
complete history of the veteran's psychiatric disorder was not
provided, the VA examinations may be inadequate for rating
purposes.  Green v. Derwinski, 1 Vet.App. 121 (1991).  In
addition, it is also noted that over two years have elapsed since
the most recent evaluation of the veteran's disorder.  Therefore,
a contemporaneous psychiatric examination is warranted as part of
the duty to assist the veteran.  Caffrey v. Brown, 6 Vet.App. 377
(1994).  Moreover, all ongoing treatment records should be
obtained.  Murinczak v. Derwinski, 2 Vet.App. 363 (1992).

The case is therefore REMANDED to the RO for the following
actions:

1.  The RO should ask the veteran to provide
a detailed list (to include names of
treating clinicians, places, dates) of all
private and VA psychiatric treatment or
counseling he has received since January
1992.  After obtaining any needed consent
forms from the veteran, the RO should then
obtain these records, pursuant to the
provisions of 38 C.F.R. § 3.159 (1994).

2.  The veteran's vocational rehabilitation
folder, including counseling records, should
be obtained and associated with his claims
folder as part of the appellate record.

3.  After all records are obtained, the
veteran should undergo a VA psychiatric
examination to evaluate the severity of his
service-connected psychiatric disorder.
This study must be conducted in accordance
with the VA Physician's Guide for Disability
Evaluation Examinations.  All indicated
tests should be conducted.  The claims
folder must be made available to and
reviewed by the examiner prior to the
examination.  The examiner should be asked
to assign a Global Assessment of Functioning
Score consistent with the American
Psychiatric Association's  DIAGNOSTIC AND
STATISTICAL MANUAL FOR MENTAL DISORDERS (4th
ed., 1994), and explain what the assigned
score represents.  The doctor should fully
explain his or her opinion on the degree of
social and industrial impairment caused by
the veteran's psychiatric disorder.

Thereafter, the RO should review the claim for an increased
evaluation for the psychiatric disorder.  If the claim is denied,
the veteran and his representative should be issued a
supplemental statement of the case and given an opportunity to
respond.  Then the case should be returned to the Board.

L. W. TOBIN
          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) (1994).