BVA9505098 
DOCKET NO.  93-14 981     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Petersburg,
Florida

THE ISSUES

1.  Entitlement to an increased rating for post traumatic stress
disorder (PTSD), currently evaluated as 10 percent disabling.

2.  Entitlement to an increased (compensable) rating for
bilateral hearing loss.

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Jeffrey A. Pisaro, Counsel

REMAND

The veteran had active service from May 1967 to May 1969.  This
appeal arises from a January 1993 rating decision of the St.
Petersburg, Florida, Regional Office (RO).

The duty to assist includes conducting a thorough and
contemporaneous examination of the veteran that takes into
account the records of prior medical treatment.  Green v.
Derwinski, 1 Vet.App. 121 (1991).  This is to ensure that the
evaluation of a disability is a fully informed one.  The severity
of psychiatric disability is based upon actual symptomatology as
it affects social and industrial adaptability.  See 38 C.F.R.
§§ 4.129, 4.130 (1993).  With respect to the October 1992 VA
psychiatric examination report, the Board notes that the examiner
did not provide a Global Assessment of Functioning scale code or
otherwise indicate the degree to which the psychiatric disorder
resulted in reduction in initiative, flexibility, efficiency and
reliability levels.

Of record is a March 1992 Social Security Administration (SSA)
award letter which reflects that the veteran was awarded SSA
disability benefits; however, the medical records upon which it
was based are not of record.

VA has a duty to assist the veteran in the development of facts
pertaining to his claim.  38 U.S.C.A. § 5107(a) (West 1991); 38
C.F.R. § 3.103(a) (1993).  The United States Court of Veterans
Appeals (Court) has held that the duty to assist includes
obtaining available records which are relevant to the claimant's
appeal.  The duty to assist is neither optional nor
discretionary.  Littke v. Derwinski, 1 Vet.App. 90 (1990).  The
veteran has been receiving ongoing treatment at the Gainesville
VA medical center and he requested that medical records be
obtained from that facility through 1993; however, outpatient
mental health care records since October 1990 have not been
obtained.

Accordingly, the case is REMANDED to the RO for the following
actions:

1.  The RO should request the veteran to
identify all mental health care providers
from whom he has received treatment in
recent years.  Thereafter, the RO should
obtain legible copies of all records which
have not already been obtained, to include
those from the Gainesville VA medical
center from October 1990 to the present.
Once obtained, all records must be
associated with the claims folder.

2.  The RO should contact the SSA and
obtain copies of the medical records upon
which that decision was based.

3.  The RO should arrange for the veteran
to be scheduled for a comprehensive VA
psychiatric examination.  The examination
should be conducted in accordance with the
VA Physician's Guide for Disability Evalu-
ation Examinations.  The claims file must
be made available to and reviewed by the
examiner prior to the examination.  The
disability should be evaluated in relation
to its history and the examiner should
elicit from the veteran details concerning
his current PTSD symptoms and his account
of how these symptoms affect his
activities, including his employment
opportunities.  All indicated tests,
including appropriate psychological
studies, should be conducted.  The examiner
should assign a Global Assessment of
Functioning Scale code and explain what the
assigned score represents.  In addition,
the examiner should discuss the impairment
of the veteran's ability to establish and
maintain relationships as well as the
reduction in initiative, efficiency and
reliability levels which may be
attributable to the PTSD (as distinct from
impairment attributable to other
conditions).

4.  Following completion of the foregoing,
the RO must review the claims folder and
ensure that the foregoing development has
been completed.  If any development is
incomplete, appropriate corrective action
should be implemented.  When the requested
development is completed, the RO should
readjudicate the veteran's claim.  The
rating decision should reflect
consideration of the applicability of the
provisions of 38 C.F.R. §§ 3.321(b)(1),
4.7, 4.129, and 4.130.  The veteran and his
representative should then be furnished
with a supplemental statement of the case
and afforded the applicable time to
respond.

Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.  The veteran need take no action
until he is further informed.  The purpose of this REMAND is to
obtain additional information and to ensure due process of law.
No inference should be drawn regarding the final disposition of
the claim as a result of this action.  The issue of entitlement
to an increased (compensable) rating for bilateral hearing loss
is deferred pending completion of the requested development.

          CHARLES E. HOGEBOOM
          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) (1993).