BVA9504315 
DOCKET NO.  93-08 447     )       DATE
          )
          )

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

THE ISSUE

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

REPRESENTATION

Appellant represented by: Texas Veterans Commission

ATTORNEY FOR THE BOARD

W. Pope, Counsel

INTRODUCTION

The veteran had active service from January to June 1974.

This matter comes before the Board of Veterans' Appeals (Board)
on appeal from a September 1991 rating decision.

REMAND

The veteran contends, in essence, that his disabilities,
especially the disabilities affecting his back and legs, prevent
him from maintaining gainful employment.

While a review of the record confirms that the veteran has had
examinations concerning his physical disabilities, none of these
disabilities has been evaluated to included a "full description
of the effects of disability" upon his ordinary activities as
required under 38 C.F.R. § 4.10 (1993).  In this regard, the
United States Court of Veterans Appeals (Court) has stated that
VA's duty to assist under 38 U.S.C.A. § 5107 (West 1991) includes
the conduct of a thorough and contemporaneous examination which
considers a "disability 'from the point of view of the veteran
working or seeking work.'  38 C.F.R. § 4.2" (1993)  Schafrath v.
Derwinski, 1 Vet.App. 589, 595 (1991).

In a report of a September 15, 1992 VA neurological examination,
the examiner's impression included his statement that "I feel
there is a personality problem here...."  Since personality
disorders are recognized mental disorders which can lead to
clinically significant distress or impairment in social and/or
occupational functioning (See American Psychiatric Association:
Diagnostic and Statistical Manual of Mental Disorders 629-673
(4th ed. 1994) (DSM-IV), the Board believes that a VA examination
to evaluate such mental disorders is appropriate.

The Board also notes that during the course of this appeal the
veteran reported that he has applied for disability benefits with
the Social Security Administration (SSA).  However, the veteran's
claims folder does not contain any reports or documents concerning
a SSA decision, and the Court has stated that such evidence "is
relevant to the determination of [the veteran's] ability to secure
and follow a substantially gainful occupation under 38 C.F.R.
§ 4.16(c)," adding that VA has a "duty to assist the veteran in
developing his claim by acquiring the SSA decision and...records"
upon which the decision was made.  Murincsak v. Derwinski,
2 Vet.App. 363, 370-371 (1992).  Therefore, the Board finds that
it is necessary to obtain any relevant information from the SSA
prior to an appellate determination.

Accordingly, in order to ensure that 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 RO for the following
development:

1.  The RO should take appropriate steps to
obtain from SSA the records pertinent to the
appellant's claim for disability benefits
from that agency, as well as the medical
records relied upon concerning that claim.

2.  Following completion of the above, the
veteran should be afforded evaluations by VA
to evaluate the extent of all his physical
disabilities, including orthopedic and
neurological examinations to determine the
severity of his back and leg disabilities.
The claims folder, including a copy of this
REMAND, should be made available to each
examiner before an examination, for proper
review of the medical history.  Each
examination report is to reflect whether
such a review of the claims file was made,
and include the examiner's opinion as to the
effect that each disability evaluated has on
the veteran's ability to perform
substantially gainful labor.  Any related
functional limitation should be described
fully.

3.  Following completion of the above, the
veteran should be afforded a VA psychiatric
examination to evaluate the current extent
of any mental disorder(s).  The claims
folder, including a copy of this REMAND,
should be made available to the examiner
before the examination, for proper review of
the medical history.  The examination report
is to reflect whether such a review of the
claims folder was made, and include an
opinion with regard to the effect that the
veteran's mental disorder(s), if any, has on
his ability to work.  To this end, the
examiner should provide a Global Assessment
of Functioning (GAF) score on Axis V, with
an explanation of the significance of the
current levels of psychological, social and
occupational functioning which support the
score.

4.  After the development requested above
has been completed, the RO should again
review the record.  If the benefit sought on
appeal remains denied the appellant and his
representative 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, 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).