BVA9500782 
DOCKET NO.  93-09 415     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Columbia, South
Carolina

THE ISSUE

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

REPRESENTATION

Appellant represented by: The American Legion

ATTORNEY FOR THE BOARD

Hilary L. Goodman, Counsel

REMAND

The veteran had active service from December 1973 to April 1976.

This appeal arises from a June 1992 rating decision which denied
the veteran's claim for a permanent and total disability rating
for pension purposes.

At the time of the veteran's discharge following hospitalization
in October and November 1991 in the Department of Veterans
Affairs (VA) Medical Center, Augusta, Georgia, for treatment of
his psychiatric disability, it was noted that the veteran was
unemployable.  No reference to permanency was made.  The veteran
reported, in his application for VA pension benefits, that he was
receiving Social Security benefits.  There is no indication that
a request for the veteran's Social Security Administration
records has been made.

It is herein noted that the record shows that after the veteran
moved to Charleston, South Carolina, he was seen at the VA
Medical Center, Charleston, and, in March 1992, was referred to
Charleston Area Mental Health Center for counseling.  Records
show that he began receiving treatment at the Charleston Area
Mental Health Center in April 1992.

In view of the foregoing, the Board of Veterans' Appeals (Board)
finds that the issue should be REMANDED to the originating agency
for the following action:

1.  The originating agency should contact
the Social Security Administration in order
to determine the effective date of the
veteran's award and the basis for the grant
of benefits to the veteran.  If the veteran
is receiving benefits based on disability,
legible copies of those portions of the
evidentiary record, including medical
records, upon which the grant of disability
benefits was based should be obtained.  The
documents obtained should be associated
with the veteran's claims file.

2.  The originating agency should, after
obtaining the veteran's authorization for
the release of private medical records,
request copies of all of the veteran's
treatment records from Charleston Area
Mental Health Center dated subsequent to
December 1992.  All documents obtained
should be associated with the veteran's
claims file.

3.  The originating agency should request
copies of all of the veteran's treatment
records dated subsequent to September 1992
from the VA Medical Center, Charleston.
All documents obtained should be associated
with the veteran's claims file.

4.  After the requested records have been
secured, the originating agency should
schedule the veteran for psychiatric and
general medical examinations.  The express
purpose of the former examination is to
determine the nature and severity of all
psychiatric disabilities; the examiner is
requested to proffer an opinion as to the
likelihood that the severity of the
veteran's psychiatric disability precludes
his employability both currently and in the
future.  All necessary tests, as well as
any other recommended examinations, should
be conducted and all clinical
manifestations attributable to each
disability should be reported in detail.
The examining physicians should be given
access to the veteran's claims file for a
sufficient period of time prior to the
examinations to allow for a complete review
of the record.

5.  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.  They should assign a schedular
rating for each of the veteran's
disabilities and should review the
veteran's claim by considering 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).

6.  If any 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, the
appropriate diagnostic codes and a
discussion of their applicability to the
veteran's disabilities, and a discussion of
the "average person" and "unemployability"
standards should be provided to the veteran
and his representative.  They should be
afforded the appropriate period of time in
which to respond.

Thereafter, the case should be returned to the Board for further
consideration, if in order.  No action is required by the veteran
until he receives further notice.  The purpose of this REMAND is
to obtain clarifying medical information and afford the veteran
due process.

          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) (1993).