BVA9407760
DOCKET NO.  92-16 314     )       DATE
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THE ISSUES

1.  Entitlement to an increased rating for a psychiatric disorder,
currently evaluated as 10 percent disabling.

2.  Entitlement to a total rating for compensation purposes based on
individual unemployability.

REPRESENTATION

Appellant represented by: Disabled American Veterans

WITNESS AT HEARING ON APPEAL

The veteran

ATTORNEY FOR THE BOARD

J.P. Reep,  Associate Counsel

INTRODUCTION

The veteran served on active duty from April 1986 to January 1987.

This matter came before the Board of Veterans' Appeals (the Board) on
appeal from a June 1991 rating decision of the Hartford, Connecticut
Regional Office (RO) of the Department of Veterans Affairs (VA), which
confirmed a 10 percent rating for the veteran's service-connected
psychiatric disorder.  The second issue noted on the title page has
been raised by the veteran in her statement on appeal and has been
alluded to at the December 1991 hearing at the RO.  It is inextricably
intertwined with the issue involving an increased rating for a
psychiatric disorder (the veteran's only service-connected disability)
and, as such, will be subject of this Remand.

REMAND

The veteran has service connection for a variously diagnosed
psychiatric disorder.  There was a diagnosis of a schizophreniform
disorder on a VA examination in 1988 and subsequent VA diagnoses of a
psychosis.

The record indicates that the veteran is receiving disability
benefits from the Social Security Administration (SSA) based upon a
psychiatric disorder.  Prior decisions of the United States Court of
Veterans Appeals require the VA to attempt to secure the records upon
which such SSA decisions are based.

The record also indicates that the veteran failed to appear for her
scheduled December 1991 VA psychiatric examination and was therefore
denied an increased rating.  A denial of benefits under the
provisions of 38 C.F.R. 3.655 as articulated in the January 1992
supplemental statement of the case was correct based on the evidence
then of record.  However, with the subsequent evidence indicating the
award of social security disability evidence and the need to remand
for additional records, we have decided to afford the veteran another
opportunity to report for a VA psychiatric examination.

In light of the foregoing, the Board finds that development of
additional evidence is needed to satisfy the VA's duty to assist the
veteran in connection with her claim.  Consequently, the case is
REMANDED to the RO for the following actions:

1.  In accordance with § 9.01, Part III and
§ 7.51(a), Part VI, M21-1 (Authorization and
Clerical Procedures to Veterans Benefits Manual
M21-1, Adjudication Procedures...), the Division
of Benefit Services, Office of Disability
Operations (formerly Bureau of Disability
Insurance), Social Security Administration,
Baltimore, Maryland 21241, should be contacted
and requested to furnish photocopies of the
complete medical records which SSA has on file,
based upon which it has determined that the
veteran is "disabled."

2.  All other up-to-date VA medical and/or
private records relating to pertinent psychiatric
treatment of the veteran should be obtained and
incorporated into the claims folder.

3.  Thereafter, the veteran should be afforded a
VA psychiatric examination.  The purpose of the
examination is to determine to what extent, if
any, the veteran experiences social and
industrial impairment due to her service-
connected psychiatric disorder.  Appropriate
psychological testing should be conducted, and
all diagnoses should be reported.  It is
essential that the veteran's VA claims folder be
made available to the examiner(s) for review
prior to the examination.

4.  The RO should then again consider the
veteran's claim for an increased rating for a
psychiatric disorder as well as the second issue
noted on the title page.  If the benefits sought
on appeal remain denied, the veteran and her
representative should be furnished with a
supplemental statement of the case, which
contains an explanation of the RO's latest
deliberations.  The veteran and her
representative should be afforded the
opportunity to respond to the supplemental
statement of the case.

The case should then be returned to the Board for further appellate
consideration, if otherwise in order.  The veteran need take no
action until she is further notified by the RO.  No opinion is
intimated by the Board as to the final outcome of the issue addressed
herein.

          (CONTINUED ON NEXT PAGE)

BOARD OF VETERANS' APPEALS
WASHINGTON, D.C.  20420

*
                  D. C. SPICKLER

          BRUCE E. HYMAN

*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of Veterans'
Appeals Section, upon direction of the Chairman of the Board, to
proceed with the transaction of business without awaiting assignment
of an additional member to the Section when the Section is composed
of fewer than three Members due to absence of a Member, vacancy on
the Board or inability of the Member assigned to the Section to serve
on the panel.  The Chairman has directed that the Section proceed
with the transaction of business, including the issuance of
decisions, without awaiting the assignment of a third Member.

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).