BVA9506211 
DOCKET NO.  93-11 870     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Louisville,
Kentucky

THE ISSUE

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

REPRESENTATION

Appellant represented by:  Paralyzed Veterans of America, Inc.

ATTORNEY FOR THE BOARD

B. Anderson, Counsel

REMAND

The appellant had active duty from November 1969 to February
1970.

This appeal arises from a June 1992 rating decision of the
Louisville, Kentucky, regional office (RO).  In that decision,
entitlement to disability pension was denied.

The evidence currently of record shows that the appellant has
been awarded disability benefits by the Social Security
Administration (SSA).  The evidence relied upon by the SSA has
not been submitted by the appellant or obtained by the RO.

The United States Court of Veterans Appeals (Court) has held that
the decision of a SSA administrative law judge "is evidence which
cannot be ignored and to the extent its conclusions are not
accepted, reasons or bases should be given therefor."  Collier v.
Derwinski, 1 Vet.App. 413, 417 (1991).  Moreover, the Court has
held that VA , having actual notice that a veteran was receiving
SSA disability benefits based upon his unemployability status,
violates its duty to assist the veteran by not acquiring the SSA
decision and the supporting medical records.  Murincsak v.
Derwinski, 2 Vet.App. 363, 370 (1992).

To ensure that VA has met its duty to assist the claimant in
developing the facts pertinent to the claim, the case is REMANDED
to the RO for the following development:

The RO should obtain from the SSA copies of
the decision of the administrative law
judge pertinent to the appellant's claim
for Social Security disability benefits as
well as the medical records relied upon in
arriving at the decision.  Any such records
obtained should be associated with the
claims file.

After the development requested above has been completed to the
extent possible, the RO should again review the record.  If the
benefit sought on appeal remains denied, the appellant and his
representative should be furnished a supplemental statement of
the case and given the applicable opportunity to reply.
Thereafter, the case should be returned to the Board, if in
order.  The Board intimates no opinion as to the ultimate outcome
of this case.  The appellant need take no action until so
notified.

          GARY L. GICK
          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 deter-
mination.  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) (1994).