BVA9501026 DOCKET NO. 93-02 076 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUES 1. Entitlement to service connection for headaches, a psychiatric disorder and a back disorder. 2. Whether new and material evidence has been submitted to reopen claims for service connection for a skin disorder and penile dermatitis. 3. Entitlement to a permanent and total disability rating for pension purposes. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD B. P. Gallagher, Counsel INTRODUCTION The appellant, who was born in February 1954, had active service from June 1974 until May 1976. This appeal comes before the Board of Veteran's Appeals (Board) from rating decisions by the Department of Veterans Affairs (VA) Phoenix, Arizona, Regional Office (RO). REMAND It has been contended on behalf of the appellant, in regard to the pension issue, that he is in receipt of Social Security income (SSI) benefits and that no development was accomplished by the RO to determine how the veteran qualified for these benefits. The United States Court of Veterans Appeals (Court) in Brown v. Derwinski, 2 Vet.App. 444 (1992) noted that the VA should give consideration and weight to a decision of the Social Security Administration which found the veteran eligible for total disability benefits. The records used in making the SSI determination should be obtained. Murincsak v. Derwinski, 2 Vet.App. 363 (1992). Additionally, the veteran's representative has argued that the veteran's service personnel records should be obtained. As the case is otherwise in need of development, those records will be requested. Finally, as the case is otherwise being remanded, any and all recent treatment records will also be requested. In view of the foregoing and because the Board has the duty to assist the appellant under 38 U.S.C.A. § 5107, this case is REMANDED to the RO for the following: 1. The RO should obtain copies of any records from the Social Security Administration used in the award of SSI benefits, to include a copy of the award decision and the medical records upon which it was based. 2. The RO should obtain, for association with the veteran's claims folder, his service personnel records. 3. The RO should ascertain from the veteran whether he has had any recent inpatient or outpatient treatment for any physical or mental disability. If so, the records for this treatment should be obtained and associated with the claims folder. 4. After these records have been obtained, the RO should re-adjudicate the issues on appeal on the basis of the evidence received according to the above. After the requested development has been completed, and if the benefits sought continue to be denied, the appellant and representative should be furnished a copy of the supplemental statement of the case and afforded an opportunity to respond thereto. The case should be returned to the Board for further appellate consideration, if in order. No action of the appellant is required until notified. MICHAEL D. LYON 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) (1993).