BVA9503797 
DOCKET NO.  93-10 676     )       DATE
          )
          )

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

THE ISSUES

1.  Whether new and material evidence has been submitted to
reopen a claim for service connection for a back disorder, to
include herniated disc L4-5, postoperative.

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

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

D. B. Weiss, Associate Counsel

REMAND

The veteran had active duty from August 1967 to March 1970.

The Board of Veterans' Appeals (Board) notes that a record of
Department of Veterans Affairs (VA) outpatient treatment in
August 1991 reflects that the veteran had an abscessed tooth with
facial cellulitis which had been treated, but that such
conditions may not have fully resolved.  In a statement dated in
December 1991, the veteran requested consideration as to
disabilities which have not yet been rated:  a cardiovascular
disorder and a hernia.  In February 1994, his representative
requested consideration of the fact that the veteran receives
Social Security disability benefits, the records of which, the
Board notes, have not been obtained.  The representative also
asked that a social and industrial survey be conducted.

To ensure full compliance with due process and duty to assist
requirements, the case is REMANDED to the regional office (RO)
for the following development:

1.  The veteran should be contacted to
ensure that all sources of medical
treatment since December 1991 have been
identified, and he should be asked to sign
release forms, if appropriate.  Thereafter,
the RO should obtain the treatment records
from all those sources.

2.  The Social Security Administration
should be contacted for the decision made
on the veteran's claim for disability
benefits.  Any medical records used in that
determination should also be secured and
associated with the claims file.

3.  The veteran should be afforded a VA
social and industrial survey to assess his
employment history and day-to-day
functioning.  A written copy of the report
should be inserted into the claims folder.

4.  The RO should also schedule the veteran
for a complete general medical examination,
to include a facial and oral evaluation.
If further evaluation by any specialist is
indicated, such evaluation should be
accomplished.  All disabilities should be
identified.  Any indicated diagnostic tests
and consultations should be performed.  In
light of Friscia v. Brown, No. 93-766, slip
op. at 5 (U.S. Vet.App. December 21, 1994),
the examiner should provide an opinion as
to the effect of the veteran's disabilities
on his ability to work.

5.  After the records requested above have
been secured, the RO should schedule the
veteran for a special VA psychiatric
examination to determine the current
severity of his psychiatric disorder.  The
examiner should comment upon the veteran's
functional impairment from the disorder, by
utilizing the Global Assessment of
Functioning Scale found in the American
Psychiatric Association:  Diagnostic and
Statistical Manual of Mental Disorder; an
explanation of the score assigned should be
provided by the examiner.  The claims
folder should be provided to (and reviewed
by) the examiner prior to the examination.

6.  After the additional evidence has been
obtained, the RO should readjudicate the
veteran's claims.  A percentage of
impairment caused by each identified
disability must be assigned by the RO.
This should include the assignment of
ratings for a cardiovascular disorder and a
hernia, if found, as well as for a facial
or dental disorder, if ratable.  The RO
should readjudicate the pension claim under
both the "unemployability" standard and the
"average person" standard as set forth in
the case of Brown v. Derwinski, 2 Vet.App.
444 (1992).

8.  If the benefits sought on appeal remain
denied, the veteran and his representative
should be provided with a supplemental
statement of the case which contains the
rating criteria, with diagnostic codes, for
all of the veteran's disabilities, and an
application of the criteria to the
disabilities.  The supplemental statement
of the case should also include a
discussion of the two standards by which a
permanent and total disability rating for
pension may be assigned, i.e., the "average
person" standard and the "unemployability"
standard.  After the veteran and his
representative have been given a reasonable
opportunity to respond, the case should be
returned to the Board.

In taking these actions, the Board implies no conclusion, either
legal or factual, as to the ultimate outcome warranted.  No
action is required of the veteran until he is notified by the RO.

          GEORGE R. SENYK
          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.
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ON NEXT PAGE)
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).