BVA9500428 
DOCKET NO.  91-39 276     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in San Diego,
California

THE ISSUE

Entitlement to an increased rating for paranoid type
schizophrenia, currently evaluated as 50 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

Appellant, and Josephine Langdon

ATTORNEY FOR THE BOARD

Mark D. Hindin, Counsel
INTRODUCTION

The veteran had active service from January 1968 to December
1970.

This matter arises from a December 1990 rating decision in which
the regional office (RO) reduced the evaluation for paranoid type
schizophrenia from 50 to 30 percent disabling.

In March 1992, the Board of Veterans' Appeals (the Board)
remanded the case to the RO for additional development.  In a
decision dated in January 1993, the Board restored the 50 percent
evaluation and again remanded the case to the RO in order to
afford the veteran a Department of Veterans Affairs (VA)
psychiatric examination and to seek additional treatment records.

REMAND

Subsequent to the Board's most recent remand, the veteran
underwent VA examination.  On that examination it was reported
that he took no medication and was receiving no therapy, he was
reported to be married.  However, since that examination the
veteran has separated from his wife, and has submitted statements
from a private psychiatrist and fee basis psychologist reporting
that the veteran was taking medication and receiving therapy.

The psychologist did not report the conditions for which he was
treating the veteran.  He did write that, "[d]ue to the severity
of [the veteran's] condition, I have requested two sessions per
week authorization since 5/94."  The psychiatrist reported treat-
ment for an underlying mood disorder, and that the veteran was
also in an outpatient "ETOH/drug program."  None of the records
of this treatment have been obtained.

In a statement dated in August 1994, the veteran reported that he
had been in receipt of fee basis treatment since August 1993, and
although he was currently employed, he had used "a lot" of sick
leave in the previous year.  VA has a duty to seek relevant
treatment records at what ever stage their existence becomes
known.  Murincsak v. Derwinski, 2 Vet.App. 363 (1992).

In view of the foregoing this case is REMANDED for the following:

1.  The RO should contact the veteran and
request that he furnish information as to
any treatment he has received for the
disability at issue in this appeal from
August 1993.  The RO should then take all
necessary steps to obtain those records,
including records of treatment by Rosben L.
Gutierrez, M.D., and Mark Luciano, Ph.D.,
and associate them with the claims folder.

2.  The RO should take all necessary steps
to obtain available personnel records for
the veteran, from his employer.

3.  The veteran should then be afforded a
VA psychiatric examination, in order to
determine the
nature and extent of disability resulting
from the service-connected schizophrenia.
All indicated diagnostic studies and
specialized examinations should be
performed.  In order to evaluate the
disability in the context of its history,
the examiner should be provided with the
veteran's claims folder for review prior
to the examination.

If after completion of the requested development the benefit
sought has not been granted, the veteran and his representative
should be furnished with a supplemental statement of the case,
and be given a reasonable opportunity to respond.  Thereafter,
following compliance with all other procedures relative to the
processing of appeals, the case should be returned to the Board
for further appellate consideration of any issue for which a
valid substantive appeal has been submitted.  No action is
required of the veteran until he receives further notice.

          U. R. POWELL
          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.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.