BVA9501853 
DOCKET NO.  93-10 416     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in New York, New
York

THE ISSUES

1.  Entitlement to an increased evaluation for service-connected
post-traumatic stress disorder (PTSD), currently rated 30 percent
disabling.

2.  Entitlement to a total compensation rating due to individual
unemployability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Bernard T. DoMinh, Associate Counsel
INTRODUCTION

The veteran served on active duty from December 1966 to December
1968.

This matter comes to the Board of Veterans' Appeals (Board) on
appeal from rating decisions by the New York, New York, Regional
Office (RO) of the Department of Veterans Affairs (VA), which
denied the veteran's claims for an increased evaluation for
service-connected PTSD, currently rated 30 percent disabling, and
for a total compensation rating due to individual
unemployability.

The file indicates that the veteran is also claiming compensation
for residuals of Agent Orange exposure.  That claim has not yet
been adjudicated by the RO, has not been developed for appellate
review, and is referred to the RO for appropriate action.

REMAND

The veteran's claims are well grounded, meaning not inherently
implausible, and the file indicates there is a further VA duty to
assist him in developing facts pertinent to the claims.  38
U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159
(1993); Murphy v. Derwinski, 1 Vet.App. 78 (1990).

In a VA Form 21-527, Income-Net Worth and Employment Statement,
dated in October 1991, the veteran reported that he was receiving
monthly Social Security disability benefits.  Because the Social
Security Administration (SSA) records relating to these benefits
may be relevant to the VA claims, and are not included in his
claims folder, the VA's duty to assist requires that an effort be
made to obtain the SSA records.  Murincsak v. Derwinski, 2
Vet.App. 363 (1992).

The last psychiatric treatment records on file are dated in
September 1992, but the veteran reports subsequent treatment.
Ongoing treatment records, while the claims are pending on
appeal, should be secured.  Murincsak, supra.

In a November 1992 VA psychiatric examination report, the
examining psychiatrist reported that the veteran's claims folder
and medical records were unavailable for his review for
evaluation of PTSD.  Given this factor, and that the last
compensation examination is over two years old, it is the
judgment of the Board that another examination is warranted.
Caffrey v. Brown, 6 Vet.App. 377 (1994); Green v. Derwinski, 1
Vet.App. 121 (1991).

In view of the foregoing, the case is REMANDED for the following
development:

1.  The RO should contact the SSA and
obtain all medical and other records
related to that agency's award of
disability benefits.  A copy of the SSA
decision awarding benefits should also be
obtained.

2.  The RO should have the veteran identify
(names, addresses, dates) all sources of VA
or non-VA psychiatric treatment or
examination since September 1992.  The RO
should then contact the sources and obtain
copies of the related medical records,
following the procedures of 38 C.F.R.
§ 3.159.

3.  After all records are added to the
file, the veteran should undergo a VA
psychiatric examination to determine the
severity of his service-connected PTSD.
The claims folder must be provided to and
reviewed by the examining psychiatrist.
All indicated tests should be performed.
The doctor should clearly identify symptoms
of service-connected PTSD, and should
separately identify symptoms due to non-
service-connected mental conditions (e.g.,
schizophrenia and a personality disorder).
The examiner should also give an opinion on
the degree of industrial and social
impairment due to service-connected PTSD,
to the exclusion of non-service-connected
mental conditions.
When this development has been completed, the case should be
reviewed by the RO.  If the claims are denied, the veteran and
his representative should be furnished a supplemental statement
of the case and given an opportunity to respond.  The case should
then be returned to the Board for further appellate
consideration.

          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) (1993).