BVA9500962 DOCKET NO. 93-08 266 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in North Little Rock, Arkansas THE ISSUE Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD B. Anderson, Counsel REMAND The veteran had active service from January 1968 to May 1968. This appeal arises from a September 1991 rating decision of the North Little Rock, Arkansas, regional office (RO). A review of the claims file indicates that the veteran's employment history is not clear. It also appears that the Social Security Administration has awarded the veteran benefits. Records from that agency have not been obtained. VA has a duty to assist the appellant in the development of facts pertinent to his claim. 38 U.S.C.A. § 5107 (West 1991); 38 C.F.R. § 3.103(a) (1993). Under the circumstances, we are of the opinion that additional assistance is required. Accordingly, the case is REMANDED to the RO for the following: 1. The RO should request copies of all of the veteran's treatment records compiled after his release from the VA Medical Center, North Little Rock, Arkansas, in July 1992. All documents obtained should be associated with the veteran's claims file. 2. The RO should obtain from the Social Security Administration a copy of any disability determination it has made for the veteran and copies of the medical records upon which any such determination was made. 3. A VA social and industrial survey should be conducted in order to clarify the veteran's medical, social, educational, and employment history. The social worker should elicit and set forth pertinent facts regarding the veteran's medical history, education, employment history, social adjustment, and current behavior and health. The social worker should offer an assessment of the veteran's current functioning and identify the conditions which limit his employment opportunities. Any potential employment opportunities should be identified. The claims folders must be made available to the social worker in conjunction with the survey as it con- tains important historical data. 4. After completion of the above, the originating agency should again adjudicate the veteran's claim for a permanent and total disability rating for pension purposes on the basis of all the evidence of record. The rating decision should reflect consideration of the "average person" standard under 38 U.S.C.A. § 1502(a)(1) (West 1991) as well as the "unemployability" standard under 38 C.F.R. §§ 3.321, 3.340, 3.342, 4.17 (1993). 5. If the determination made is unfavorable to the veteran, a supplemental statement of the case that sets forth the evidence received since the February 1993 supplemental statement of the case, and a discussion of the "average person" and "unemployability" standards should be provided to the veteran and his representative. The veteran and his representative should be given an opportunity to respond to the supplemental statement of the case. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. _____________________________ GARY L. GICK Member, Board of Veterans' Appeals (CONTINUED ON NEXT PAGE) 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) (1993).