BVA9508396 
DOCKET NO.  93-17 901     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Paul,
Minnesota

THE ISSUE

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

REPRESENTATION

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

ATTORNEY FOR THE BOARD

J. W. Loeb, Counsel

INTRODUCTION

The veteran served on active duty from July 1964 to July 1966.
This case came before the Board of Veterans' Appeals (Board) on
appeal from an August 1992 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in St. Paul,
Minnesota.

REMAND

In Brown v. Derwinski, 2 Vet.App. 444 (1992), the United States
Court of Veterans Appeals (Court) set up a test of pension
eligibility based on 38 U.S.C.A. §§ 1502, 1521 (West 1991).
According to the Court, permanent and total disability is shown
either when the veteran is unemployable as a result of a lifetime
disability or when he suffers from a lifetime disability which
would render it impossible for the average person to follow a
substantially gainful occupation.  Id.  The Board notes that this
test of pension eligibility has not been adequately applied to
the veteran's claim.  Additionally, as noted on behalf of the
veteran in January 1994, no VA pension examination report is on
file.  The Board also notes that although it was contended on
behalf of the veteran in August 1993 that he is receiving Social
Security disability benefits, and clinical records considered by
the Social Security Administration are on file, a copy of a
Social Security award letter is not on file.

In light of the above, the Board finds that additional
development is needed prior to a final determination.
Consequently, this case is REMANDED to the RO for the following
actions:

1.  The veteran should be permitted to
submit any additional evidence that is
pertinent to the issue on appeal.  He
should also be asked to provide the names,
addresses and approximate dates of
treatment of all health care providers who
have treated him for any disability since
May 1993, which is the date of the most
recent clinical evidence on file.  He
should be asked to fill out any necessary
consent forms for the release of his
private medical records.  The RO should
then request copies of all indicated
records and associate them with the claims
file.
2.  The RO should contact the Division of
Benefit Services, Office of Disability
Operations, Social Security Administration,
Baltimore, Maryland 21241, and request a
copy of the veteran's disability award
decision, which should be associated with
the claims file.

3.  The veteran should be asked to provide
a history of any recent employment and any
unsuccessful attempts to obtain employment.

4.  When the above development has been
completed, the veteran should be afforded a
VA examination for pension purposes to
determine the current nature and severity
of each of his chronic disorders.  All
necessary tests and studies, including any
special examinations deemed warranted,
should be conducted, and all findings
should be reported in detail.  The
examination should be performed and
reported in accordance with the Physician's
Guide for Disability Evaluation
Examinations (March 1, 1985).  The claims
folder must be made available to the
examiner for review before examination of
the veteran.

5.  Thereafter, the RO should readjudicate
the issue on appeal.  In connection with
the readjudication, the RO should determine
the correct ratings to be assigned to each
of the veteran's disabilities under the
Schedule for Rating Disabilities.  See
Roberts v. Derwinski, 2 Vet.App. 387
(1992).  The RO should then determine
whether the veteran is permanently and
totally disabled under either the "average
person" or "unemployability" tests
described in Brown above.  If the veteran's
pension claim continues to be denied, and
the veteran's disabilities do not meet the
percentage requirements under 38 C.F.R.
§ 4.16 (1994), the RO should consider
whether the disabilities meet the criteria
for a determination of "unemployability"
under 38 C.F.R. § 3.321(b)(2) (1994).

If the benefit sought on appeal remains denied, a supplemental
statement of the case should be issued, to include the relevant
laws and regulations.  The veteran and his representative should
then be afforded an opportunity to respond.  The case should then
be returned to the Board, if otherwise in order.  The veteran
need take no action until otherwise notified.

          EUGENE A. O'NEILL
          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) (1994).