BVA9505271 
DOCKET NO.  92-12 113     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Buffalo, New
York

THE ISSUE

Entitlement to an increased rating for post traumatic stress
disorder (PTSD), currently evaluated as 10 percent disabling.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Jeffrey A. Pisaro, Counsel

REMAND

The veteran had active service from December 1966 to February
1970.  This appeal arises from a November 1991 rating decision of
the Buffalo, New York, Regional Office (RO).

The duty to assist includes conducting a thorough and
contemporaneous examination of the veteran that takes into
account the records of prior medical treatment.  Green v.
Derwinski, 1 Vet.App. 121 (1991).  This is to ensure that the
evaluation of a disability is a fully informed one.  The severity
of psychiatric disability is based upon actual symptomatology as
it affects social and industrial adaptability.  See 38 C.F.R.
§§ 4.129, 4.130 (1993).  The veteran was afforded a Department of
Veterans Affairs (VA) psychiatric evaluation in May 1988 in
support of his claim for entitlement to service connection for
PTSD; however, since the grant of service connection for PTSD, he
has not been afforded a VA rating examination.  In addition, the
May 1988 report of examination did not provide a Global
Assessment of Functioning Scale code or otherwise offer an
opinion as to the degree to which the veteran's initiative,
flexibility, efficiency and reliability levels were affected by
the psychiatric disorder.

VA has a duty to assist the veteran in the development of facts
pertaining to his claim.  38 U.S.C.A. § 5107(a) (West 1991); 38
C.F.R. § 3.103(a) (1993).  The United States Court of Veterans
Appeals (Court) has held that the duty to assist includes
obtaining available records which are relevant to the claimant's
appeal.  The duty to assist is neither optional nor
discretionary.  Littke v. Derwinski, 1 Vet.App. 90 (1990).  When
last reported, the veteran was receiving extensive VA psychiatric
treatment in 1988; however, no attempt has been made to obtain
treatment records since that time.  In view of the foregoing, the
Board is persuaded that the veteran should be afforded a VA
psychiatric rating examination and that complete current
treatment records should be obtained.

Accordingly, the case is REMANDED to the RO for the following
actions:

1.  The RO should contact the veteran and
obtain the names and addresses of all
mental health care providers from whom he
has received treatment in recent years.
Thereafter, the RO should obtain legible
copies of all records which have not
already been obtained.  Once obtained, all
records must be associated with the claims
folder.

2.  Following completion of the above
development, the veteran should be afforded
a psychiatric examination to determine the
severity of the PTSD.  This study should be
conducted in accordance with the VA
Physician's Guide for Disability Evaluation
Examinations.  All indicated tests,
including appropriate psychological
studies, should be conducted.  The claims
file must be made available to the examiner
prior to the examination.  The disability
should be evaluated in relation to its
history, with emphasis upon the limitation
of activity, to include time lost from
employment, imposed by the PTSD.  The
examiner should assign a Global Assessment
of Functioning Score consistent with the
American Psychiatric Association's
Diagnostic and Statistical Manual For
Mental Disorders, and explain what the
assigned score represents.  In addition,
the examiner should also discuss the
impairment of the veteran's ability to
establish and maintain relationships and
gainful employment, as well as the
reduction in initiative, flexibility,
efficiency and reliability levels which may
be attributable to the PTSD.

3.  When the requested development is fully
completed, the RO should readjudicate the
veteran's claim.  The rating decision
should reflect consideration of the appli-
cability of the provisions of 38 C.F.R.
§§ 3.321(b)(1), 4.7, 4.129, and 4.130.  The
veteran and his representative should be
furnished with a supplemental statement of
the case.  They should then be afforded the
applicable time to respond.

Thereafter, subject to current appellate procedures, the case
should be returned to the Board for further appellate
consideration, if appropriate.  The veteran need take no action
until he is further informed.  The purpose of this REMAND is to
obtain additional information and to ensure due process of law.
No inference should be drawn regarding the final disposition of
the claim as a result of this action.

          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).