BVA9502329 
DOCKET NO.  93-08 771     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Chicago, Illinois

THE ISSUE

Entitlement to an increased rating for the service-connected
anxiety reaction, currently rated as 30 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

REMAND

The veteran had active duty from August 1942 to March 1945.  This
matter comes before the Board of Veterans' Appeals (Board) on
appeal from a May 1992 rating decision of the RO.

The veteran feels that he should be assigned a 50 percent rating
for his service-connected psychiatric disorder because he was
forced to retire from his job due to the fact that the mental
condition would not allow him to work any longer.  He feels that
his recent examinations and outpatient treatment are inadequate
for the purpose of determining his social and industrial
adaptability was impaired only to a definite degree.  Reportedly,
he has to take medication just to be able to function.  Based on
its review of the record, the Board finds that further
development is indicated.  The Board calls the attention of the
RO to a recent decision by the Court of Veterans Appeals (Court)
in this regard.  Massey v. Brown,

To ensure that the Department of Veterans Affairs (VA) has met
its duty to assist the claimant in developing the facts pertinent
to the claim and to ensure full compliance with due process
requirements, the case is REMANDED to the regional office (RO)
for the following development:

1.  The RO should take appropriate steps to
obtain copies of all records referable to
medical care rendered the veteran for his
mental disease since 1992.  The RO should
incorporate these records into the file for
review.

2.  The veteran should be afforded a VA
psychiatric examination to ascertain the
severity of the service-connected anxiety
reaction.  The claims folder should be made
available to the examiner for review before
the examination.  Based on his/her review
of the case, the examiner should enter a
full multiaxial diagnosis,  including a
score on the Global Assessment of
Functioning (GAF) scale on Axis V.  This
score should also be explained by the
examiner.  A social study utilizing the
Social Work Service also should be
undertaken to assist the examiner.

3.  After the development requested above
has been completed to the extent possible,
the RO should again review the record.  If
any benefit sought on appeal, for

which a notice of disagreement has been
filed, remains denied, the appellant and
representative, if any, should be furnished
a supplemental statement of the case and
given the opportunity to respond thereto.

Thereafter, the case should be returned to the Board for the
purpose of appellate review, if in order.  The Board intimates no
opinion as to the ultimate outcome of this case.  The appellant
need take no action unless otherwise notified.

          STEPHEN L. WILKINS
          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).