BVA9505091 
DOCKET NO.  93-15 849     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Montgomery,
Alabama

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 August 1969 to February 1973.
This appeal arises from rating decisions of the Montgomery,
Alabama, 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 examination in September 1992 in support of his claim
for service connection for PTSD.  Since that time, additional
records have been associated with the claims file.
Also, the September 1992 VA examination report did not include a
Global Assessment of Functioning scale code or provide an opinion
with respect to the veteran's ability to work.  In view of the
foregoing, the Board is persuaded that the veteran should be
afforded a VA psychiatric examination in connection with this
appeal.

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).
Complete current records should be obtained from the Birmingham
VA Medical Center, and the VA Community Service Program.

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 to include those from
the Birmingham VA Medical Center and from
the VA Community Service Program in
Gadsden.  Once obtained, all records must
be associated with the claims folder.

2.  Following completion of the above
development, the veteran should be afforded
a comprehensive VA examination in
psychiatry.  This study should be conducted
in accordance with the VA Physician's Guide
for Disability Evaluation Examinations.
All indicated tests, including appropriate
psychological studies with applicable
subscales, should be conducted.  The claims
file must be made available to and reviewed
by 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
service-connected psychoneurosis.  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 as
well as the reduction in initiative,
efficiency and reliability levels which may
be attributable to the psychoneurosis, to
include the veteran's ability to maintain
gainful employment.

3.  Following completion of the foregoing,
the RO must review the claims folder and
ensure that the foregoing development has
been completed in full.  If any development
is incomplete, appropriate corrective
action should be implemented.  When the
requested development is fully completed,
the RO should readjudicate the veteran's
claim.  The rating decision should reflect
consideration of the applicability 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.

          CHARLES E. HOGEBOOM
          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 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) (1994).