(William M. Morrow
 PARTIES TO DISPUE:
 (The Belt Railway Company of Chicago

 STATEMENT OF CLAIM: "This is to serve notice, as required by the rules
 of the National Railroad Adjustment Board, of my
 intention to file an ex-pane submission on ( 30 days from date of this
 notice ), 1-14-78, covering an unadjusted dispute between myself and
 the Belt Railroad. Company , involving the question: of my suspension on
 Oct 4, 1976.

 The Brotherhood of Railway, Airline and Steamship clerks, Freight Handlers, Express and Station Employees Case and Claim #, is or was Q-3229.

 The Belt Railway Company's files in prior correspondence in Nov. 76 was 11-676 and in Dec. the Brotherhood answered and referred to File: 12-376."

 OPINION OF BOARD: Following a series of events and psychiatric
 evaluations on September 9 and 21, 1976, and a
 diagnosis that Claimant was suffering from severe emotional disturbance,
 Carrier met with Claimant on October 4, 1976 and discussed his physical
 condition. During this conference, Carrier presented this medical
 evidence to Claimant and advised him that because of this condition,
 coupled with the fact that he had refused recommended further treatment
 for it, Claimant would be disqualified from service until he presented
 medical evidence that he had pursued treatment and until his physician
 considered him controlled sufficiently to enable him to return to
 service. Claimant's disqualification is the subject of this grievance.

 Our review of the record and Claimant's presentation of the case reveals that while he has pursued his cause before the U. S. District Court and other governmental agencies, he has failed to produce any medical evidence, whatsoever, which conclusively shows that his condition has been controlled sufficiently to enable him to return to service. We also take judicial notice of the uncontroverted fact that the U. S. Railroad Retirement Board had granted Claimant a final disability amnity effective November 1, 1976. It is, of course, quite clear, that in order to be granted such an annuity, competent medical evidence must be presented and accepted by the Railroad Retirement Board which establishes t


mentally disabled from performing the functions of assignments available to him in the exercise of seniority. Since such a fact is established by the record, and since there is no other medical evidence submitted in the record which would establish otherwise, we have no alternative but than to deny the claims brought before us by the Claimant.

 FINDINGS: The Third Division of the Adjustment Board, after giving
 the parties to this dispute due notice of hearing there
 on, and upon the whole record and all the evidence, finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                  A W A R D


        Claims denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


            ATTEST. i


            Dated at Chicago, Illinois, this 16th day of October 1979.