BVA9505730 
DOCKET NO.  92-53 858     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Cleveland, Ohio

THE ISSUES

1.  Entitlement to an increased evaluation for post-traumatic
stress disorder, evaluated as 70 percent disabling.

2.  Entitlement to a total disability evaluation based on
individual unemployability due to service-connected disabilities.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

James A. Frost, Associate Counsel

REMAND

The veteran served on active duty from January 1967 to October
1969.

This appeal arose from a rating decision in April 1990 by the
Department of Veterans Affairs (VA) Regional Office (RO) in
Cleveland, Ohio.

By a decision of October 26, 1992, the Board of Veterans' Appeals
(the Board) denied entitlement to a 100 percent schedular
evaluation for post-traumatic stress disorder (PTSD) and to a
total disability evaluation based on individual unemployability
due to service-connected disabilities.  Thereafter the veteran
appealed the Board's aforementioned decision to the United States
Court of Veterans Appeals (the Court) which vacated the Board's
decision of October 26, 1992, and remanded the case to the Board
for readjudication.  [citation redacted].

In its decision the Court held that 38 C.F.R. § 4.132 and
Diagnostic Code 9411 of VA's Schedule for Rating Disabilities
establish three independent criteria for the award of a 100
percent schedular evaluation for PTSD; if any of the three
criteria are met, a 100 percent rating should be assigned.  The
Court held further that, even if none of the three criteria of
Diagnostic Code 9411 are met, nevertheless, it is possible to
grant a total disability evaluation based on individual
unemployability due to service-connected disabilities under
either 38 C.F.R. § 4.16(c) or 38 C.F.R. § 4.16(a).

The Board notes that, in addition to service-connected PTSD, the
veteran also suffers from nonservice-connected psychiatric
disorders, currently classified as atypical personality disorder,
anxiety disorder and schizophrenia, chronic undifferentiated
type, and that he also has a history of alcohol abuse.  The most
recent VA psychiatric evaluation of the veteran was conducted in
May 1991.  The Board finds that the report of that examination is
inadequate for rating purposes, in light of the Court's holdings
in this case.  The examiner did not assign a Global Assessment of
Functioning (GAF) score, using Axis V of the multiaxial system of
the American Psychiatric Association's Diagnostic and Statistical
Manual-3rd edition, Revised, or differentiate the extent of the
of the veteran's functional impairment which is attributable to
service-connected PTSD as opposed to his nonservice-connected
psychiatric disorders.  A thorough and contemporaneous
psychiatric evaluation of the veteran is, in the Board's view,
necessary and desirable prior to a final disposition of this
appeal.  Accordingly, this case is REMANDED to the RO for the
following:

1.  The RO should request that the veteran
identify each physician and medical
facility, VA or non-VA, which has treated
him for a psychiatric illness of any kind
since May 1991.  The RO should attempt to
obtain copies of all such clinical records.

2.  The RO should arrange for a social and
industrial survey to be conducted by a VA
social worker, who should interview the
veteran, his family members and other
individuals knowledgeable about the
veteran's current behavior and activities.
The social worker should compile a report
of his or her findings for inclusion in the
veteran's claims file.

3.  The RO should schedule the veteran for
admission to a VA medical facility for a
period of psychiatric observation and
evaluation.  The veteran should undergo
psychological testing, to include PTSD
scales, prior to an examination by a board
of two VA psychiatrists.  The psychiatric
examiners should render diagnoses of all
current psychiatric disorders, including
any psychotic disorders, PTSD, any other
psychoneurotic disorders, any personality
disorders, and substance abuse.  The
examiners should describe in detail their
findings as to the veteran's current PTSD
symptomatology.  They should assign a GAF
score for the overall functional impairment
attributable to all psychiatric disorders
and then differentiate, to the extent
possible, the social and industrial
impairment attributable to PTSD as opposed
to all other psychiatric entities.  It is
imperative that the examining psychiatrists
review the veteran's medical records
contained in his claims files prior to the
examination.

Following completion of these actions, the RO should review the
evidence and determine whether the veteran's claims may now be
granted.  The readjudication should follow the process set forth
in the Court's decision.  That is, the RO should decide if any of
the three criteria of 38 C.F.R. § 4.132 and Diagnostic Code 9411
are met in this case, or, in the alternative, if the requirements
of 38 C.F.R. § 4.16(c) or 38 C.F.R. § 4.16(a) are met.  If the
decision remains adverse to the veteran, he and his
representative should be provided with an appropriate
supplemental statement of the case and an opportunity to respond
thereto.  The case should then be returned to the Board for
further appellate consideration.  The purposes of this REMAND are
to obtain clarifying medical information and to permit
readjudication of the veteran's claims in light of the Court's
decision.  By this REMAND, the Board intimates no opinion, legal
or factual, as to the ultimate disposition of the appeal.  No
action is required of the veteran until he receives further
notice.

          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 remand 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).