BVA9500789 
DOCKET NO.  92-09 074     )       DATE
          )
RECONSIDERATION   )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Nashville,
Tennessee

THE ISSUE

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

REPRESENTATION

Appellant represented by: The American Legion

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

R. E. Coppola, Associate Counsel

INTRODUCTION

The veteran served on active service from February 1971 to July
1973.

In June 1993, the Board of Veterans' Appeals (Board) denied
entitlement to a permanent and total disability rating for
pension purposes.  In June 1993, the veteran submitted a request
for reconsideration of that decision.  In August 1993,
reconsideration of the Board's June 1993 decision was ordered by
the authority granted to the Chairman in 38 U.S.C.A. § 7103(b)
(West 1991).  The case is now before a Reconsideration Section of
the Board.  The final decision by the Reconsideration Section
will replace the June 1993 decision of the Board.  In March 1994,
the Board remanded the case to the RO for further development of
the evidence.  The case was returned to the Board in September
1994.

REMAND

In a July 1991 Income-Net Worth and Employment Statement,
Department of Veterans Affairs (VA) Form 21-527, the veteran
reported that he was receiving $273.00 in monthly Social Security
Administration (SSA) disability benefits since June 1991.  It
does not appear that the SSA decision or the records used in that
determination are currently part of the claims folder.

Under the circumstances of this case, the Board is of the opinion
that additional assistance is required.  The case is REMANDED to
the RO for the following actions:

1.  The RO should obtain from the veteran
or SSA (pursuant to authority provided by
38 U.S.C.A. § 5106 (1991)) a copy of the
determination awarding the veteran SSA
disability benefits beginning in June 1991,
and the complete documentation used in that
decision, clinical or otherwise, which is
not currently part of the record.  Any
evidence obtained should be made part of
the claims folder.

2.  When the requested development has been
completed, the case should be reviewed by
the RO and a rating action prepared which
lists all the veteran's disabilities and
the percentage evaluation assigned each
disability, if not already accomplished.
Thereafter, the RO should re-evaluate the
veteran's claim which should include a
recitation of the percentage rating for
each diagnosed disability with the
appropriate diagnostic codes, a discussion
of their applicability to the veteran's
disabilities and the application of the
standards (average person &
unemployability) contained in 38 C.F.R.
§§ 3.321, 4.15, 4.17 (1993), by which a
permanent and total disability rating for
pension may be assigned.

If the benefit sought is not granted, the veteran and his
representative should be provided with a supplemental
statement of the case, and the case should be returned to the
Board for further appellate consideration.  No action by the
veteran is required until he is contacted by the RO.

          JEFFREY J. MARTIN       BRUCE N. KANNEE
Member, Board of Veterans' Appeals        Member, Board of Veterans'
Appeals

EDWARD W. SEERY
Member, Board of Veterans' Appeals

          JANE E. SHARP   RENÉE M. PELLETIER
Member, Board of Veterans' Appeals        Member, Board of Veterans'
Appeals

THOMAS J. DANNAHER
Member, Board of Veterans' Appeals
(Continued on next page)

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) (1993).