BVA9501687 
DOCKET NO.  93-10 919     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Jackson,
Mississippi

THE ISSUE

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

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The veteran had active duty from September 1967 to September
1971.

The veteran, who is not represented, requested in his substantive
appeal form that he be scheduled for a hearing before the Board
of Veterans' Appeals (Board) to be conducted at the Jackson,
Mississippi, regional office (RO).  In a subsequent com-
munication, he requested a hearing to be conducted in Washington,
DC.

The veteran has reported that he is in receipt of disability
benefits from the Social Security Administration.  Records from
that agency have not been obtained for association with the
claims folder.  The veteran was last examined for disability
evaluation by the Department of Veterans Affairs (VA) in
September 1991.

To ensure full compliance with due process requirements, the case
is REMANDED to the RO for the following development:

1.  The RO should obtain from the Social
Security Administration a copy of any
disability determination it has made for
the veteran and copies of the medical
records upon which any such determination
was made.

2.  A VA social and industrial survey
should be conducted in order to clarify the
veteran's medical, social, educational, and
employment history.  The social worker
should elicit and set forth pertinent facts
regarding the veteran's medical history,
education, employment history, social
adjustment, and current behavior and
health.  The social worker should offer an
assessment of the veteran's current
functioning and identify the conditions
which limit his employment opportunities.
Any potential employment opportunities
should be identified.  The claims folders
must be made available to the social worker
in conjunction with the survey as it con-
tains important historical data.

3.  Thereafter, the RO should schedule the
veteran for general medical and psychiatric
examinations.  The general medical
examination should be broad enough to cover
all diseases, injuries, and residual
conditions which are suggested by the
veteran's complaints, symptoms or findings
at the time of examination.  All complaints
or symptoms having a medical cause should
be covered by a definite diagnosis.  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.  The psychiatric
examiner should utilize the data obtained
by the social worker and offer an opinion
as to the likelihood that the severity of
the veteran's psychiatric disability
precludes his employability both currently
and in the future.  The examining
physicians should be given access to the
veteran's claims folder for a sufficient
period of time prior to the examinations to
allow for a complete review of the record.

4.  After completion of the above, the R0
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.  The rating deci-
sion should contain a comprehensive list of
all disabilities identified in the record,
with each disability assigned a rating.
The rating decision should also reflect
consideration of the "average person"
standard under 38 U.S.C.A. § 1502(a)(1) as
well as the "unemployability" standard
under 38 C.F.R. §§ 3.321, 3.340, 3.342,
4.17.

5.  If the determination made is
unfavorable to the veteran, the RO should
provide the veteran with a supplemental
statement of the case that sets forth the
additional evidence, the appropriate rating
criteria for all disabilities of record,
and a discussion of the "average person"
and "unemployability" standards.

6.  Additionally, if the determination is
unfavorable, the RO should clarify the
veteran's desire with regard to a personal
hearing in support of his appeal.  He
should be advised that all costs associated
with his attendance at a hearing must be
borne by him, but that he is free to choose
whatever option he thinks best.  If the
veteran so elects, the RO should schedule a
hearing; otherwise, the Board will do so if
the veteran elects to appear for a hearing
in Washington, DC.

When the above has been accomplished, the case should be returned
to the Board for further appellate consideration, if otherwise in
order.

_____________________________
          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).