BVA9501146 
DOCKET NO.  93-10 984     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Boston,
Massachusetts

THE ISSUE

Entitlement to an increased rating for generalized anxiety
disorder, currently evaluated as 30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Jeffrey A. Pisaro, Counsel

INTRODUCTION

The veteran had active service from August 1942 to June 1944.
This appeal arises from a January 1993 rating decision of the
Boston, Massachusetts, Regional Office (RO).

REMAND

The Department of Veterans Affairs (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).  On the February 1993 notice of disagreement the veteran
requested that treatment records from the Northampton VA medical
center and Springfield VA outpatient clinic from January 1991 to
the present be obtained in support of his claim.  Complete
treatment records should be obtained from the referenced
facilities.

The duty to assist also includes, when appropriate, the duty to
conduct 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).  In this case, the veteran
has not received a VA rating examination in many years;
accordingly, following the gathering of all medical records, the
veteran should be afforded a VA psychiatric examination.  The
report of examination should include an assessment of the degree
of social and industrial inadaptability present.

Under the circumstances of this case, the Board finds that
further assistance is required.  Accordingly, the case is
REMANDED to the RO for the following actions:

1.  The RO should contact the veteran and
obtain the names and addresses of all
mental health care providers where he has
received treatment for psychoneurotic
disability in recent years.  Thereafter,
the RO should obtain legible copies of all
records which have not already been
obtained, to include those from the
Northampton VA medical center and the
Springfield outpatient clinic from January
1991 to the present.  Once obtained, all
records must be associated with the claims
folder.

2.  Following completion of the above
development, the veteran should be afforded
a VA examination in psychiatry to determine
the nature and extent of all disability
present.  All indicated tests, to include a
complete psychological evaluation prior to
the psychiatric examination, should be
accomplished.  The examiner must review the
entire claims folder prior to the
examination.  The disability should be
evaluated in relation to its history, with
emphasis upon the limitation of activity
imposed by the disabling condition in light
of the whole recorded history.  In
particular, the examination report must
contain all five multiaxial assessment
levels as provided in DSM-III to include an
assessment of the veteran's social and
industrial inadaptability using the global
assessment of functioning scale.  The
factors upon which the medical opinion is
based must be set forth.

3.  When the above developments have been
completed, the case should be reviewed by
the RO.  If the decision remains adverse to
the veteran, he and his representative
should be furnished with a supplemental
statement of the case which includes
consideration of 38 C.F.R. §§ 4.7, 4.16,
4.129, and 4.130.  They should then be
afforded a reasonable opportunity 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.

          ALBERT D. TUTERA
          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).