BVA9508148 
DOCKET NO.  93-17 043     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in St. Louis,
Missouri

THE ISSUES

1.  Entitlement to service connection for a disability manifested
by blackouts.

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

REPRESENTATION

Appellant represented by: Missouri Veterans Commission

ATTORNEY FOR THE BOARD

J. W. Loeb, Counsel

INTRODUCTION

The veteran served on active duty from June 1969 to March 1970.
This case came before the Board of Veterans' Appeals (Board) on
appeal from August 1991 and January 1992 rating decisions of the
Department of Veterans Affairs (VA) Regional Office (RO) in St.
Louis, Missouri.

REMAND

In Brown v. Derwinski, 2 Vet.App. 444 (1992), the United States
Court of Veterans Appeals (Court) set up a test of pension
eligibility based on 38 U.S.C.A. § 1521 (West 1991).  According
to the Court, permanent and total disability is shown either when
the veteran is unemployable as a result of a lifetime disability
or when he suffers from a lifetime disability which would render
it impossible for the average person to follow a substantially
gainful occupation.  Id.  The Board notes that the Court's test
of pension eligibility has not been applied to the veteran's
claim.  Additionally, although a copy on file of a July 1993
letter from the Social Security Administration reveals that the
veteran was awarded disability benefits, the evidence upon which
the award was granted is not of record.

In light of the above, the Board finds that additional
development is needed prior to a final determination.
Consequently, this case is REMANDED to the RO for the following
actions:

1.  The veteran should be permitted to
submit any additional evidence that is
pertinent to either of the issues on
appeal.  He should also be asked to provide
the names, addresses and approximate dates
of treatment of all health care providers
who have treated him for any disability
since September 1992, which is the date of
the most recent clinical evidence on file.
He should be asked to fill out any
necessary consent forms for the release of
his private medical records.  The RO should
then request copies of all indicated
records and associate them with the claims
file.

2.  The RO should contact the Division of
Benefit Services, Office of Disability
Operations, Social Security Administration,
Baltimore, Maryland 21241, and request
copies of the complete records upon which
the Social Security Administration based
its determination of disability in the
veteran's claim.

3.  The veteran should be asked to provide
an employment history since 1992, to
include any unsuccessful attempts to obtain
employment.

4.  The veteran should be afforded a VA
examination for pension purposes to
determine the current nature and severity
of each of his chronic disorders.  All
necessary tests and studies, including any
special examinations deemed warranted,
should be conducted, and all findings
should be reported in detail.  The
examination should be performed and
reported in accordance with the Physician's
Guide for Disability Evaluation
Examinations (March 1, 1985).  The claims
folder must be made available to the
examiner for review before examination of
the veteran.

5.  Thereafter, the RO should readjudicate
the issues on appeal.  In connection with
the readjudication of entitlement to a
permanent and total disability rating for
pension purposes, the RO should determine
the correct ratings to be assigned to each
of the veteran's disabilities under the
Schedule for Rating Disabilities.  See
Roberts v. Derwinski, 2 Vet.App. 387
(1992).  The RO should then determine
whether the veteran is permanently and
totally disabled under either the "average
person" or "unemployability" tests
described in Brown above.  If the veteran's
pension claim continues to be denied, and
the veteran's disabilities do not meet the
percentage requirements under 38 C.F.R.
§ 4.16 (1994), the RO should consider
whether the disabilities meet the criteria
for a determination of "unemployability"
under 38 C.F.R. § 3.321(b)(2) (1994).

If the benefits sought on appeal remains denied, a supplemental
statement of the case should be issued, to include the relevant
laws and regulations and a thorough explanation of the reasons
for the denial.  The veteran and his representative should then
be afforded an opportunity to respond.  The case should then be
returned to the Board, if otherwise in order.  The veteran need
take no action until otherwise notified.

          E. M. KRENZER
          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).